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36 Third Branch 1 (2004)

handle is hein.journals/thirdbran36 and id is 1 raw text is: THIRD BR;;LANCH_ 2003 YEAR-END REPORT ON THE FEDERAL JUDICIARY I. Overview This Year-End Report on the Fed- cral Judiciary is my 18th. I am pleased to report that the Sen- ate confirmed 55 District Court judges during 2003, leaving only 27 vacan- cies 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 signifi- cantly. 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 theAd ministrativeOffice 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 pro- cess has been a difficult one, and the Judiciary's appropriation for the fiscal year that began on October 1 will not be enacted until some- time in January, 2004, at the earliest. The de- lay in enacting an ap- propriations bill has disrupted the Judi- ciary and forced it to operate atinadequate levels of funding un- der continuing resolu- tions. We appreciate that, for Fiscal Year 2004, the omnibus appro- priations bill currently pending includes $222 million for new courthouse construc- tion and $248 million to repair existing courthouses.The Judiciary's funding for Fiscal Year 2004 in- cluded in the omnibus appropriations bill, Chieffiistice Wili however, is inad- equate. The continuing uncertainties and delays in the funding process have necessitated substantial effort on the part of judges and judiciary managers and staff to modi fy budget systems, develop contingency plans, cancel ac- tivities, and attempt to cut costs. Many courts may face hiring freezes, fur- loughs, or reductions in force. I hope that the Congress will soon pass a Fis- cal Year 2004 appropriation for the Ju- diciary, and that in futu,'e years the Judiciary's budget is enacted prior to l11111 H. xelqnist the beginning of the fiscal year. In this report, I will focus on the relationship between the Judicial Bratch and the Legislative Branch. II. Relations Between the Congress and the Judiciary During the last year, it seems that the traditional interchange between the Congress and the Judiciary broke down when Congress enacted what is known as the PROTECT Act, making some rather dramatic Federal Courts Vol. 36 ANumbe I .Ianilf 2004 qnppinl lqqllp , nnr.ial I.q.qttn

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