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.

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