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President Announces Plan for Considering of Judicial Nominees
Last month, President George W. Bush proposed a plan for the consideration of judicial nominees. As of November 1, 2002, there were 78
vacancies on the federal bench, 28 in the courts of appeals, 49 in the district courts, and one on the U.S. Court of International Trade.
At least 15 more judicial vacancies will occur over the next six months.
The Administration’s plan recommends specific commitments from everyone involved in the nomination and confirmation of federal judges:
- "First, the President calls on federal court of appeals and district court judges to notify the President of their intended retirement
dates at least a year in advance whenever possible. Because the nomination and confirmation of a federal judge can be a lengthy process even under
the best of circumstances, advance notice is necessary to prevent extended unnecessary judicial vacancies. The President’s call to the Judiciary
builds on existing Judicial Conference recommendations and is intended to create a seamless process whereby a new federal judge is ready to take
the bench at or near the time a sitting federal judge retires." [As recommended in the 1995 Long Range Plan for the Federal Courts,
approved by the Judicial Conference, "Delays in filling judicial vacancies should be reduced by encouraging retiring judges and those taking
senior status to provide substantial (i.e. six-month or one-year) advance notice of that action.]
- "Second, Presidents should submit a nomination to the Senate within 180 days of receiving notice of a federal court vacancy or intended
retirement. This would help expedite the process by which home-state Senators, Representatives, bar leaders, and others provide their recommendations
and evaluations of possible judicial candidates to the President, while leaving ample time for Presidents to vet and choose nominees of the highest
quality."
- "Third, the President calls on the Senate Judiciary Committee to hold a hearing within 90 days of receiving a nomination. The Committee
has engaged in too many delays of too many nominees for too many years. A strict deadline, which will apply no matter who is President and which
party controls the Senate, is the best way to ensure that judicial nominees are promptly and fairly considered. Ninety days is more than enough time
for the Committee to conduct any necessary research before holding a hearing."
- "Fourth, the President calls on the full Senate to hold an up-or-down floor vote within 180 days of receiving a judicial nomination. That
is a generous period designed to give both the Committee and the full Senate ample time to evaluate nominees and answer any questions they may have.
And all Senators will have an opportunity to have their voices heard and their votes counted."
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Survey Says: Jury Duty is a Civic Responsability |
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The National Constitution Center recently commissioned Public
Agenda to conduct research on the public’s attitudes about
the Constitution. The Center is an independent, nonpartisan,
nonprofit organization established by Congress to increase
understanding of the U.S. Constitution and its relevance to
the daily lives of Americans. Public Agenda is a nonpartisan,
nonprofit public opinion research and citizen education organization.
In addition to focus groups and one-on-one interviews with
legal scholars, attorneys, educators and others, Public Agenda
conducted a national telephone survey in July 2002 of a random
sample of 1,520 adults. Their responses are shown in the chart
on page 1. A complete copy of the study can be found at
www.constitutioncenter.org
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