[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2759 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2759
To authorize additional district judges for the district courts and
convert temporary judgeships.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2023
Mr. Young (for himself, Mr. Coons, Mr. Lankford, and Mr. Padilla)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize additional district judges for the district courts and
convert temporary judgeships.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Understaffing Delays
Getting Emergencies Solved Act'' or the ``JUDGES Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Article III of the Constitution of the United States
gives Congress the power to establish judgeships in the
district courts of the United States.
(2) Congress has not created a new district court judgeship
since 2003 and has not enacted comprehensive judgeship
legislation since 1990.
(3) This represents the longest period of time since
district courts of the United States were established in 1789
that Congress has not authorized any new permanent district
court judgeships.
(4) By the end of fiscal year 2022, filings in the district
courts of the United States had increased by 30 percent since
the last comprehensive judgeship legislation.
(5) As of March 31, 2023, there were 686,797 pending cases
in the district courts of the United States, with an average of
491 weighted case filings per judgeship over a 12-month period.
(6) To deal with increased filings in the district courts
of the United States, the Judicial Conference of the United
States requested the creation of 66 new district court
judgeships in its 2023 report.
SEC. 3. ADDITIONAL DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) Additional Judgeships.--
(1) 2025.--On or after January 21, 2025, the President
shall appoint, by and with the advice and consent of the
Senate--
(A) 1 additional district judge for the district of
Arizona;
(B) 5 additional district judges for the central
district of California;
(C) 2 additional district judges for the eastern
district of California;
(D) 3 additional district judges for the northern
district of California;
(E) 1 additional district judge for the southern
district of California;
(F) 1 additional district judge for the district of
Colorado;
(G) 1 additional district judge for the district of
Delaware;
(H) 2 additional district judges for the middle
district of Florida;
(I) 1 additional district judge for the southern
district of Florida;
(J) 1 additional district judge for the northern
district of Georgia;
(K) 1 additional district judge for the district of
Idaho;
(L) 1 additional district judge for the southern
district of Indiana;
(M) 1 additional district judge for the northern
district of Iowa;
(N) 1 additional district judge for the district of
Nebraska;
(O) 1 additional district judge for the district of
New Jersey;
(P) 1 additional district judge for the eastern
district of New York;
(Q) 1 additional district judge for the southern
district of New York;
(R) 1 additional district judge for the eastern
district of Texas;
(S) 1 additional district judge for the northern
district of Texas;
(T) 2 additional district judges for the southern
district of Texas; and
(U) 3 additional district judges for the western
district of Texas.
(2) 2029.--On or after January 21, 2029, the President
shall appoint, by and with the advice and consent of the
Senate--
(A) 1 additional district judge for the district of
Arizona;
(B) 4 additional district judges for the central
district of California;
(C) 2 additional district judge for the eastern
district of California;
(D) 3 additional district judges for the northern
district of California;
(E) 1 additional district judge for the southern
district of California;
(F) 1 additional district judge for the district of
Colorado;
(G) 1 additional district judge for the district of
Delaware;
(H) 3 additional district judges for the middle
district of Florida;
(I) 1 additional district judge for the northern
district of Florida;
(J) 2 additional district judges for the southern
district of Florida;
(K) 1 additional district judge for the northern
district of Georgia;
(L) 2 additional district judges for the district
of New Jersey;
(M) 1 additional district judge for the eastern
district of New York;
(N) 1 additional district judge for the southern
district of New York;
(O) 1 additional district judge for the western
district of New York;
(P) 1 additional district judge for the eastern
district of Texas;
(Q) 2 additional district judge for the southern
district of Texas; and
(R) 3 additional district judges for the western
district of Texas.
(b) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 2 additional district judges for the eastern
district of Oklahoma; and
(B) 1 additional district judge for the northern
district of Oklahoma.
(2) Vacancies not filled.--The first vacancy in the office
of district judge in each of the offices of district judge
authorized by this subsection, occurring 5 years or more after
the confirmation date of the judge named to fill the temporary
district judgeship created in the applicable district by this
subsection, shall not be filled.
(3) Effective date.--This subsection shall take effect on
January 21, 2025.
(c) Conversion of Temporary Judgeships.--The existing judgeship for
the eastern district of Missouri authorized by section 203(c) of the
Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133
note) and the existing judgeships for the district of Arizona, the
central district of California, the southern district of Florida, the
district of New Mexico, the western district of North Carolina, and the
eastern district of Texas authorized by section 312(c) of the 21st
Century Department of Justice Appropriations Authorization Act (Public
Law 107-273, 28 U.S.C. 133 note), as of the date of enactment of this
Act, shall be authorized under section 133 of title 28, United States
Code, and the incumbents in those offices shall hold the office under
section 133 of title 28, United States Code, as amended by this Act.
(d) Extension of Temporary Federal District Court Judgeships for
the Northern District of Alabama and the District of Kansas.--
(1) Northern district of alabama.--Section 312(c)(2) of the
21st Century Department of Justice Appropriations Authorization
Act (Public Law 107-273, 28 U.S.C. 133 note) is amended--
(A) in the first sentence, by striking
``California'' and inserting ``California, northern
district of Alabama,''; and
(B) by inserting ``The first vacancy in the office
of district judge in the northern district of Alabama
occurring 26 years or more after the confirmation date
of the judge named to fill the temporary district
judgeship created in that district by this subsection,
shall not be filled.'' after the period at the end of
the third sentence.
(2) District of kansas.--Section 203(c) of the Judicial
Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133
note) is amended, in the matter following paragraph (12), in
the second sentence, by striking ``32 years and 6 months'' and
inserting ``37 years and 6 months''.
(e) Technical and Conforming Amendments.--The table contained in
section 133(a) of title 28, United States Code, is amended--
(1) by striking the item relating to Arizona and inserting
the following:
``Arizona............................ 15'';
(2) by striking the items relating to California and
inserting the following:
``California:
Northern............................. 20
Eastern.............................. 10
Central.............................. 37
Southern............................. 15'';
(3) by striking the item relating to Colorado and inserting
the following:
``Colorado........................... 9'';
(4) by striking the item relating to Delaware and inserting
the following:
``Delaware........................... 6'';
(5) by striking the items relating to Florida and inserting
the following:
``Florida:
Northern............................. 5
Middle............................... 20
Southern............................. 21'';
(6) by striking the items relating to Georgia and inserting
the following:
``Georgia:
Northern............................. 13
Middle............................... 4
Southern............................. 3'';
(7) by striking the item relating to Idaho and inserting
the following:
``Idaho.............................. 3'';
(8) by striking the items relating to Indiana and inserting
the following:
``Indiana:
Northern............................. 5
Southern............................. 6'';
(9) by striking the items relating to Iowa and inserting
the following:
``Iowa:
Northern............................. 3
Southern............................. 3'';
(10) by striking the items relating to Missouri and
inserting the following:
``Missouri:
Eastern.............................. 7
Western.............................. 5
Eastern and Western.................. 2'';
(11) by striking the item relating to Nebraska and
inserting the following:
``Nebraska........................... 4'';
(12) by striking the item relating to New Jersey and
inserting the following:
``New Jersey......................... 20'';
(13) by striking the item relating to New Mexico and
inserting the following:
``New Mexico......................... 7'';
(14) by striking the items relating to New York and
inserting the following:
``New York:
Northern............................. 5
Southern............................. 30
Eastern.............................. 17
Western.............................. 5'';
(15) by striking the items relating to North Carolina and
inserting the following:
``North Carolina:
Eastern.............................. 4
Middle............................... 4
Western.............................. 5'';
and
(16) by striking the items relating to Texas and inserting
the following:
``Texas:
Northern............................. 13
Southern............................. 23
Eastern.............................. 10
Western.............................. 19''.
SEC. 4. GAO REPORT ON VACANT AND UNDERUTILIZED COURTHOUSES.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall make publicly available
a report identifying Federal courthouses that are vacant or underused.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act,
including such sums as may be necessary to provide appropriate space
and facilities for the judicial positions created by this Act or an
amendment made by this Act.
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