Vol. 36, Number 1—January 2004

I. Overview

This Year-End Report on the Federal Judiciary is my 18th.

I am pleased to report that the Senate confirmed 55 District Court judges during 2003, leaving only 27 vacancies out of 680 judgeships. At the same time, 13 Court of Appeals judges were confirmed, but 17 nominations remain pending.

Unfortunately, Congress failed this year to raise judicial salaries significantly. I would like to thank all of the people—including the President and his staff, certain Members of the Senate and House (from both sides of the aisle) and their staffs, judges, staff at the Administrative Office of the U.S. Courts, the Volcker Commission, bar associations, law school deans and others outside of government—who worked so hard during the last year to get Congress to increase the pay of judges beyond a modest cost-of-living adjustment. We came remarkably close, but will have to continue the effort in 2004.

The Fiscal Year 2004 budget process has been a difficult one, and the Judiciary's appropriation for the fiscal year that began on October 1 will not be enacted until sometime in January, 2004, at the earliest. The delay in enacting an appropriations bill has disrupted the Judiciary and forced it to operate at inadequate levels of funding under continuing resolutions.

We appreciate that, for Fiscal Year 2004, the omnibus appropriations bill currently pending includes $222 million for new courthouse construction and $248 million to repair existing courthouses. The Judiciary's funding for Fiscal Year 2004 included in the omnibus appropriations bill, however, is inadequate.

The continuing uncertainties and delays in the funding process have necessitated substantial effort on the part of judges and judiciary managers and staff to modify budget systems, develop contingency plans, cancel activities, and attempt to cut costs. Many courts may face hiring freezes, furloughs, or reductions in force. I hope that the Congress will soon pass a Fiscal Year 2004 appropriation for the Judiciary, and that in future years the Judiciary's budget is enacted prior to the beginning of the fiscal year.

In this report, I will focus on the relationship between the Judicial Branch and the Legislative Branch.

NEXT—II. Relations Between the Congress and the Judiciary