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35 Third Branch 1 (2003)

handle is hein.journals/thirdbran35 and id is 1 raw text is: THE THIRD BRANCH 2002 YEAR-END REPORT ON THE FEDERAL JUDICIARY The 2002 Year-End Report on the Federal Judiciary is my 17th. AF I look back on these reports, I am struck by the number of issues tilat seem regularly to crop up, or pe:'haps they never go away-judicial v can- cies, the need for additional judge- ships, judges' salaries, judicial appro- priations. Each of these issues relates to the fundamental interdependence of our three separate branches of government when it comes to fund- ing our nation's priorities. Although Article III of the Constitution of the United States protects federal judi- cial independence by promising dis- trict and appellate judges tenure dur- ing good behavior and a Compensa- tion, which shall not be diminished during their Continuance in Office, the federal courts of course depend on the Legislative and Executive Branches for funding and staffing. I am concerned about the effect of the current budget impasse on the courts and reiterate my request that Con- gress extricate the Judiciary by promptly passing a full-year appro- priation that addresses the needs of the federal courts. In this report, I will focus on three key priorities for the federal Judi- ciary: creating sorely needed new judgeships, promptly filling judicial vacan- cies, and increasing ju- dicial pay. Creaing Necessary New Judgeships In my last two Year- End Reports, I ex- pressed hope that Congress would take action on the Judicial Conference's request to establish ten addi- tional court of appeals judgeships, 44 addi- tional district court judgeships, and 24 new bankruptcy judgeships. We are grateful that :n No- vember, Congress cre- ated eight permanent Chief lustice Wi district court judge- ships and seven tem- porary district court judgeships, con- verted four temporary district court judgeships to permanent status, and extended one temporary district court judgeship for an additional five years. But no additional court of appeals judgeships have been created since 1990. Despite a substantial increase in workload, the number of judge- ships in the Courts of Appeals for the First, Second, and Ninth Circuits has not increased for 18 years-since Mia H. Rehiiqtist 1984. During that time period, ap- pellate filings in the First Circuit have risen 56 percent, in the Sec- ond Circuit they have risen almost 70 percent, and in the Ninth Cir- cuit appellate filings have more than doubled-rising almost 115 percent. The Judicial Conference has asked that Congress create one new judgeship for the First Circuit, two judgeships for the Second Cir- cuit, five for the Ninth Circuit, and two for the Sixth Circuit, which Newvsletter oj the Federal Courts Vol. 35 Number I January 2003 RUP.P.1fli Inlip. r , nncial Iqgtm I

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