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| Judicial Resources
Judicial Nominations and Confirmations
During the first session of the 109th Congress, 14 nominees for Article III judgeships were confirmed—7 court of appeals judges, and 7 district court judges. As of January 2006, there were a total of 51 judicial vacancies—14 in the U.S. courts of appeals, 36 in the U.S. district courts and one on the Court of International Trade. Although the total num ber of vacancies has stabilized over the last few years, the presence of numerous judicial vacancies on specific courts continues to be a serious concern. Judges will receive a 1.9 percent pay adjustment effective January 1, 2006. This will be the eighth consecutive year that judges have received this statutorily established annual pay adjustment, following extensive efforts by justices, judges, Director Mecham, AO staff and outside groups to guide the pay adjustment through the appropriations and legislative processes. In March 2005, the Director relocated administration of personnel services and related advisory, education, and support to judges to the Office of Human Resources for streamlined management. The move covers management of personnel and payroll systems for all judges and annuitants, and judicial retirement systems. Programs on benefits and retirement options continued to be offered to judges at various stages in their careers. Individualized counseling sessions offered to judges and their spouses have been a successful component of these programs. Special focus was dedicated to providing information to judges and their spouses on Federal Employees Group Life Insurance open season elections, and the Judiciary's Long-Term Care "buy-up" offer opportunity. In March 2005, Director Mecham transmitted to Congress the request of the Judicial Conference for the creation of additional Article III judgeships. The proposed legislation would add nine permanent judgeships and three temporary judgeships to the courts of appeals, 44 permanent judgeships and 12 temporary judgeships to the district courts, convert three existing temporary district judgeships to permanent status, and extend one temporary district judgeship for an additional five years. Director Mecham also sent a letter to the President and Congress recommending that the next judgeship vacancy in the District of Wyoming not be filled. The "Federal Judgeship and Administrative Efficiency Act of 2005" was introduced as H.R. 4093 in October by Rep. Sensenbrenner, Chairman of the House Judiciary Committee. The bill reflected the Judicial Conference request for 68 additional Article III and 24 bankruptcy judgeships. It also contained language that would split the Court of Appeals for the Ninth Circuit by creating a new Twelfth Circuit consisting of Alaska, Montana, Washington, Oregon, Nevada, Arizona, and Idaho . On October 27, 2005 , the bill was reported out of the House Judiciary Committee and was then added to the Budget Reconciliation Act of 2005 where it was dropped in conference with the Senate in the final days of the first session of the 109 th Congress. In the Senate, a hearing was held by the Judiciary Subcommittee on Administrative Oversight and the Courts in December, at which Judge Royal Furgeson, Chair of the Judicial Resources Committee, testified on behalf of the Judiciary in support of the proposed 68 new judgeships. It is anticipated that the Senate will consider these issues further in the next session of this Congress. Administrative Office staff supported the work of the Judicial Conference Committee on Intercircuit Assignments by processing requests for Article III judges to serve outside their circuits. The Chief Justice approved a total of 137 intercircuit assignments for 74 Article III judges in FY 2005. In addition, staff began collecting data on visiting judge assignments—both intercircuit and intracircuit—in response to a request from the Executive Committee that the Committee analyze the costs and benefits of intercircuit and intracircuit assignments as part of a Judiciary-wide effort to contain costs. Every two years, the Judicial Conference submits to Congress its recommendation for the authorization of additional bankruptcy judgeships. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, introduced in February, included the authorization of bankruptcy judgeships as recommended by the Judicial Conference in 1999. The Judicial Conference then transmitted its 2005 recommendation to Congress for 47 additional bankruptcy judgeships—17 temporary and 30 permanent. Administrative Office staff assisted by preparing the proposed legislation, detailed analysis, background information, and statistics provided to Congress. However, the Bankruptcy Reform Act authorized only 28 additional temporary judgeships, five of which were not recommended by the Judicial Conference. Administrative Office staff communicated with the affected circuits details about the additional judgeships, including budget, and space and facility issues associated with them. Staff organized circuit requests for the Judicial Conference to determine where these new judgeships would hold court. Supplemental legislation and background material was prepared seeking authorization for 24 bankruptcy judgeships remaining from the Judicial Conference's pending 2005 recommendation, and to convert to permanent those judgeships that were authorized as temporary. During FY 2005, staff helped courts locate bankruptcy judges willing to serve on inter-circuit assignments of varying lengths and collect feedback data for reports to Congress, the Judicial Conference Committee on Administration of the Bankruptcy System, the Director, and each circuit and district, as appropriate. For the 12-month period ending June 30, 2005, bankruptcy judges reported providing 4,393.50 hours of intra-circuit and 3,529.50 hours of inter-circuit assistance to other bankruptcy districts. At the end of September 2005, there were 32 retired bankruptcy judges recalled to service. In fiscal year 2005, there were 495 full-time and 48 part-time magistrate judge positions, and three combination clerk/magistrate judge positions, an increase of eight over the previous year. For fiscal year 2006, eight district courts requested 12 additional full-time positions, but only five new full-time positions were authorized by the Judicial Conference at the recommendation of the Committee on Administration of the Magistrate Judges System. During 2005, the Committee reviewed requests for additional positions more closely as part of its cost-containment efforts. Courts continued to request additional magistrate judge positions to address caseload growth and expanded nationwide use of magistrate judges. AO staff prepared detailed survey reports on all requests for additional magistrate judge positions, and in 2005 prepared 20 district-wide reviews of current magistrate judge positions. During the past year, the Magistrate Judges Committee chair approved requests from 16 courts to fill upcoming vacancies and the full Committee approved filling vacancies in seven courts; the Judicial Conference approved filling five of those vacancies. The Administrative Office monitors the program to recall retired magistrate judges to service either in their home districts or in other districts. During the past year, AO staff assisted two district courts in meeting their need for short-term assistance following an unexpected vacancy in a magistrate judge position. AO staff help district courts follow proper procedures for the Magistrate Judges Committee to evaluate recall requests, with a new requirement in 2005 that circuit councils certify related staffing needs. Staff provided detailed statistical information to the circuit councils, helped the Committee evaluate cost information and all intercircuit recalls, as required by Judicial Conference regulations. The Committee considered six such requests during the year. Federal Rules of Practice and Procedure The Judicial Conference Committee on Rules of Practice and Procedure and its five advisory rules committees propose amendments to the rules that govern all federal court proceedings and affect the entire legal system. During the year, Administrative Office staff assisted the Rules committees during a dozen meetings, and coordinated work resulting from their decisions. AO staff also monitored congressional activity in the rule-making process. Staff advised the Rules Committees of some 20 separate pieces of legislation that were introduced in, or passed by, Congress during the past year that could affect the federal rules of practice, procedure, and evidence. Staff also prepared position papers and correspondence to Congress expressing the views of the Judiciary relating to rules-related issues in legislation. Staff posted proposed amendments to the federal rules of practice and procedure on the Judiciary's Federal Rulemaking web site, www.uscourts.gov/rules/, where comments can now be submitted electronically. During the comment period ending in February 2005, over 300 comments were submitted on the proposed rules amendments. The web site also recorded a 300 percent increase in the number of visits during this year's public comment period as compared to last year. In addition, the Committees' reports and minutes for the past 13 years are now posted on the web site, establishing a historic record for users. Staff continued to update and expand the amount of rules-related content on the web site. Status of Proposed Rules Amendments. In April, the Supreme Court approved amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure. Appellate Rules amended include Rule 35 (en banc determination), which resolves an inter-circuit conflict regarding the make-up of a vote for hearing or rehearing en banc. Amended Bankruptcy Rules 2002 (notices to creditors and others), 9001 (definitions), and 9036 (notice by electronic transmission) facilitate the transmission of notices to creditors. The amendments, which were considered on an expedited basis, are expected to save the courts considerable money in mailing and administrative expenses. The amendments took effect in December 2005. At both its March and September 2005 meetings, the Judicial Conference approved proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure, and the Federal Rules of Evidence for submission to the Supreme Court. Proposed new Appellate Rule 32.1 requires courts to permit the citation of unpublished judicial dispositions. Proposed amendments to Civil Rules 16 (pretrial conferences), 26 (provisions governing discovery), 33 (interrogatories), 34 (production of documents), 37 (failure to cooperate in discovery; sanctions), and 45 (subpoena) pertain to discovery of electronic information. Proposed new Supplemental Rule G (forfeiture actions) consolidate in one rule the procedures governing civil forfeiture actions. The proposed uniform amendments to Appellate Rule 25 (filing and service), Bankruptcy Rule 5005 (filing and transmittal of papers), and Civil Rule 5 (service and filing of pleadings) authorize a court to require electronic case filing by local rule. Amended Appellate Rule 25, Bankruptcy Rule 5005, and Civil Rule 5, also considered on an expedited basis, are expected to achieve significant cost savings for the federal courts. The Judicial Conference Committee on Financial Disclosure and the Administrative Office continued to provide information on financial disclosure filing procedures to new judges attending orientations sponsored by the Federal Judicial Center. Presentations on preparing financial disclosure reports were offered to judges' secretaries and judicial assistants. Judges' Orientation and Outreach Programs Orientation programs familiarize new chief judges and judicial nominees with their new responsibilities related to court administration and operations, and introduce them to AO staff and resources. In 2005, staff hosted two-day orientation programs for one new appellate chief judge and 14 new district chief judges that personalized information to the attending chief judge's individual circuit or district. Staff also hosted one-day orientations for 19 Article III and Article I judgeship nominees focusing on judicial governance, court personnel, procurement management, chambers staffing, judicial ethics, and personal security. International Judicial Relations Important rule of law dialogues between international judiciaries and the U.S. Judiciary continued in 2005. The AO responded to inquiries to the Judicial Conference Committee on International Judicial Relations, from the judiciaries of other countries, and from international organizations and U.S. government agencies involved in judicial reform and rule of law activities. During the year, AO staff coordinated briefings for 75 international delegations, including over 482 judges, court administrators, and other officials from more than four dozen countries. U.S. judges and court administrators participated from a distance in many of these briefings via video conference. In addition, 211 Russian and Ukrainian judges participated in two-day orientations hosted by the Administrative Office in Washington, DC, sponsored through the Open World Program at the Library of Congress. They then were hosted in U.S. courts and communities throughout the country to observe how the U.S. courts operate. Strong foreign interest in the U.S. bankruptcy system continued. Members of the Swedish Parliament visited to discuss policies they might consider when they update their insolvency system. The Office of the Official Receiver for Singapore sent a delegation to examine U.S. procedures for reorganization of businesses under chapter 11 of the Bankruptcy Code and personal bankruptcies under chapter 13. Later, they hosted an expert from the staff of the Administrative Office in Singapore to continue discussions with policy makers there. A guest from the Insolvency and Trustee Service of Australia examined the objectives and likely results of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Federal Law Clerk Information System The Federal Law Clerk Information System (FLCIS) allows judges to post information about law clerk employment opportunities within the federal courts on the Judiciary's national web site, uscourts.gov. Sixty-five percent of the circuit, district, magistrate, and bankruptcy judges participated in the program during 2005, providing information on more than 2,800 clerkship opportunities. The database continues to be a useful resource for potential law clerk applicants, supporting a daily average of more than 2,400 search inquiries by year's end. For the Fall 2005 recruiting season, applicants used the web site vigorously from June to September. In April 2004, Administrative Office staff created and launched the Law Clerk Assistance Program (LCAP) to assist bankruptcy judges who need additional law clerk assistance with respect to specific bankruptcy case-related issues. Through LCAP, law clerk assistance from chambers around the country has been made available to judges upon request with the permission of the employing judge and with no expenditure of funds. As of September 2005, a total of 12 bankruptcy law clerks were participating in the program and providing assistance to judges in the Southern District of New York and the District of Delaware. In September 2005, LCAP was expanded to Article III and magistrate judges. Separate sites have been added to the J-Net for both Article III judges and magistrate judges to request law clerk assistance. Publications Also of note, five separate information memoranda were sent to the courts in 2005 summarizing significant recent cases that either address the authority of magistrate judges or address issues of concern to their work. Chief Judges Budget Training Information Technology Training for Judges The AO is also producing a series of Tech Tips for judges, which are short videos featuring judges demonstrating how they use technology to manage their workload and improve their efficiency. |
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The Administrative Office revised the Judges Information Series publication Getting Started as a Federal Judge, to reflect significant administrative, legal, legislative, and policy changes since its original 1997 publication. The revised publication includes a new chapter on judges' stewardship responsibilities and updates information on pay and benefits, information technology programs, statistics, emergency preparedness, and security. It will be distributed to all judges and clerks of court. In addition, A Brief Guide to Judges' Travel and an accompanying "quick reference" brochure were revised to conform with March 2005 changes to Judicial Conference policy on judges' travel. The revised guide was published in both printed and electronic form.