January 20, 2022

News

News Network

Judiciary Makes the Case for New Judgeships

19 min read
<div>The creation of new judgeships has not kept pace with the growth in case filings over three decades, producing “profound” negative effects for many courts across the country, U.S. District Judge Brian S. Miller told Congress today.</div>

The creation of new judgeships has not kept pace with the growth in case filings over three decades, producing “profound” negative effects for many courts across the country, U.S. District Judge Brian S. Miller told Congress today.

Miller testified before the Senate Judiciary Committee at a hearing on the Judiciary’s request for additional judgeships. He appeared on behalf of the Judicial Conference of the United States, the national policy-making body of the federal Judiciary. Miller chairs a subcommittee on judicial statistics for the conference’s Committee on Judicial Resources.

The Judicial Conference has recommended that Congress establish five new judgeships in the Ninth Circuit Court of Appeals and 65 new judgeships in 24 district courts across the country. The conference also recommended that eight existing temporary district court judgeships be converted to permanent status.

Since 1990, when the last comprehensive judgeship bill was passed by Congress, case filings in the courts of appeals had grown by 15 percent by the end of 2018, while district court case filings had risen by 39 percent in the same period.

 “The effects of caseload increases without increasing the number of judges are profound,” Miller said in his written testimony. “Increasing caseloads lead to significant delays in the consideration of cases, especially civil cases which may take years to get to trial. … Delays increase expenses for civil litigants and may increase the length of time criminal defendants are held pending trial. Substantial delays lead to lack of respect for the Judiciary and the judicial process.”

Miller noted that before a judgeship recommendation is transmitted to Congress, it undergoes careful consideration and review at six levels within the Judiciary.

Judgeship needs are determined through an examination of the unique circumstances of a district, such as the number of senior judges and magistrate judges to assist with workload. The conference also uses a mathematical formula to determine the “weighted filings per judgeship,” which is a way of accounting for the varying complexity of the different types of civil and criminal filings and the differences in time commitments required of judges. 

For example, the goal is to maintain a standard in the range of 430 weighted filings per judgeship in a district court. For the district courts where additional judgeships are being requested, weighted filings average 635 per judgeship.

“The conference does not recommend, or wish, indefinite growth in the number of judges,” Miller testified. “It recognizes that growth in the Judiciary must be carefully limited to the number of new judgeships that are necessary to exercise federal court jurisdiction. The conference attempts to balance the need to control growth and the need to seek resources that are appropriate to the Judiciary’s caseload.”

News Network

  • Local tax preparer charged with fraudulently filing tax returns
    In Justice News
    A local man who had [Read More…]
  • Judge Honors Mother’s Adversity, Sacrifice by Women
    In U.S Courts
    In a highly personal talk, Judge Paula Xinis recounts how two women inspired her career in the law through their different battles with adversity: Sojourner Truth, an abolitionist who escaped from slavery, and Xinis’ mother.
    [Read More…]
  • Overseas Presence: Cost Analyses and Performance Measures Are Needed to Demonstrate the Full Potential of Providing Embassy Support Remotely
    In U.S GAO News
    The President has emphasized the importance of safety, efficiency, and accountability in U.S. government staffing overseas by designating the achievement of a rightsized overseas presence as a part of the President's Management Agenda. One of the elements of rightsizing involves relocating certain administrative support functions from overseas posts to the United States or regional centers overseas, which can provide cheaper, safer, or more effective support. This report (1) reviews State's efforts in providing administrative support from remote locations, (2) identifies the challenges it faces in doing so, and (3) outlines the potential advantages and concerns associated with providing support remotely.State has a number of regional and domestic offices that provide some management support remotely to overseas posts in areas such as financial management and human resources. For example, State's Bureau of Western Hemisphere Affairs provides support to posts in its region through staff based in Florida. State announced in October 2005 it would identify and remove additional functions that do not need to be performed at post and could instead be performed domestically or at regional centers overseas. State faces several challenges in trying to expand its use of remote support. For example, restrictions on what management functions non-American staff can perform might limit the extent to which services can be provided remotely. In addition, current funding arrangements for various regional bureaus and posts might limit opportunities for remote support to be offered from one region to another, while posts' reluctance to change is a further constraint. State is assessing whether certain regulations could be waived or changed and how institutional challenges might be overcome. There are several potential advantages to providing administrative support to posts from remote locations, and several concerns. For example, one U.S.-based officer provides financial management support to multiple overseas posts, eliminating the need for an American financial management officer at each post served, which, according to State, could result in cost savings. Officials at posts we visited reported they were generally satisfied with the level of support and customer service at a regional or domestic service center, though some noted concerns. However, at the time of our review, State had neither analyzed the potential cost savings associated with providing remote support nor systematically assessed the quality of support provided. In addition, many officials in Washington and overseas were unaware of the full breadth of support offered by regional service centers.
    [Read More…]
  • 2020 END Wildlife Trafficking Report
    In Climate - Environment - Conservation
    Bureau of Oceans and [Read More…]
  • The United States Designates Al Qa’ida Financial Facilitator
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • United States Files False Claims Act Complaint Against Drug Maker Teva Pharmaceuticals Alleging Illegal Kickbacks
    In Crime News
    The United States has filed a False Claims Act complaint against Teva Pharmaceuticals USA Inc. and Teva Neuroscience Inc. (Teva), alleging that they illegally paid the Medicare co-pays for their multiple sclerosis (MS) product, Copaxone, through purportedly independent foundations that the companies used as conduits in violation of the Anti-Kickback Statute, the Department of Justice announced today. 
    [Read More…]
  • Electricity Grid Cybersecurity: DOE Needs to Ensure Its Plans Fully Address Risks to Distribution Systems
    In U.S GAO News
    What GAO Found The U.S. grid's distribution systems—which carry electricity from transmission systems to consumers and are regulated primarily by states—are increasingly at risk from cyberattacks. Distribution systems are growing more vulnerable, in part because their industrial control systems increasingly allow remote access and connect to business networks. As a result, threat actors can use multiple techniques to access those systems and potentially disrupt operations. (See fig.) However, the scale of potential impacts from such attacks is not well understood. Examples of Techniques for Gaining Initial Access to Industrial Control Systems Distribution utilities included in GAO's review are generally not subject to mandatory federal cybersecurity standards, but they, and selected states, had taken actions intended to improve distribution systems' cybersecurity. These actions included incorporating cybersecurity into routine oversight processes and hiring dedicated cybersecurity personnel. Federal agencies have supported these actions by, for example, providing cybersecurity training and guidance. As the lead federal agency for the energy sector, the Department of Energy (DOE) has developed plans to implement the national cybersecurity strategy for the grid, but these plans do not fully address risks to the grid's distribution systems. For example, DOE's plans do not address distribution systems' vulnerabilities related to supply chains. According to officials, DOE has not fully addressed such risks in its plans because it has prioritized addressing risks to the grid's generation and transmission systems. Without doing so, however, DOE's plans will likely be of limited use in prioritizing federal support to states and industry to improve grid distribution systems' cybersecurity. Why GAO Did This Study Protecting the reliability of the U.S. electricity grid, which delivers electricity essential for modern life, is a long-standing national interest. The grid comprises three functions: generation, transmission, and distribution. In August 2019, GAO reported that the generation and transmission systems—which are federally regulated for reliability—are increasingly vulnerable to cyberattacks. GAO was asked to review grid distribution systems' cybersecurity. This report (1) describes the extent to which grid distribution systems are at risk from cyberattacks and the scale of potential impacts from such attacks, (2) describes selected state and industry actions to improve distribution systems' cybersecurity and federal efforts to support those actions, and (3) examines the extent to which DOE has addressed risks to distribution systems in its plans for implementing the national cybersecurity strategy. To do so, GAO reviewed relevant federal and industry reports on grid cybersecurity risks and analyzed relevant DOE documents. GAO also interviewed a nongeneralizable sample of federal, state, and industry officials with a role in grid distribution systems' cybersecurity.
    [Read More…]
  • Readout of Meeting between Department of Justice and the Central Bureau of Investigation of Government of India
    In Crime News
    Deputy Assistant Attorney General Arun G. Rao of the U.S. Department of Justice Civil Division’s Consumer Protection Branch, together with colleagues from the Consumer Protection Branch and the FBI, met this week with Central Bureau of Investigation (CBI) officials in New Delhi to further strengthen law enforcement cooperation. They discussed means for combating emerging crime trends, including fighting rising telemarketing fraud.
    [Read More…]
  • On the Conviction of Vietnamese Author and Journalist Pham Doan Trang
    In Crime Control and Security News
    Ned Price, Department [Read More…]
  • OCA Directorates
    In Travel
    OCA’s four [Read More…]
  • Securing, Stabilizing, and Developing Pakistan’s Border Area with Afghanistan: Key Issues for Congressional Oversight
    In U.S GAO News
    Since 2002, destroying the terrorist threat and closing the terrorist safe haven along Pakistan's border with Afghanistan have been key national security goals. The United States has provided Pakistan, an important ally in the war on terror, with more than $12.3 billion for a variety of activities, in part to address these goals. About half of this amount has been to reimburse Pakistan for military-related support, including combat operations in and around the Federally Administered Tribal Areas (FATA). Despite 6 years of U.S. and Pakistani government efforts, al Qaeda has regenerated its ability to attack the United States and continues to maintain a safe haven in Pakistan's FATA. As the United States considers how it will go forward with efforts to assist Pakistan in securing, stabilizing, and developing its FATA and Western Frontier bordering Afghanistan, it is vital that efforts to develop a comprehensive plan using all elements of national power be completed and that continued oversight and accountability over funds used for these efforts are in place.This report provides background information on Pakistan; the status of U.S. government efforts to develop a comprehensive plan; and information on the goals, funding, and current status of U.S. efforts to use various elements of national power (i.e., military, law enforcement, development and economic assistance, and diplomacy) to combat terrorism in Pakistan. The scope of this report does not include the plans, goals, operations, activities, and accomplishments of the intelligence community.
    [Read More…]
  • Join NASA for the Launch of the Mars 2020 Perseverance Rover
    In Space
    No matter where you [Read More…]
  • New U.S. Embassy in London Receives Award of Excellence from Council on Tall Buildings and Urban Habitat
    In Crime Control and Security News
    Office of the [Read More…]
  • Memphis Physicians Agree To Pay More Than $340,000 for Alleged Overbilling
    In Crime News
    Doctor Shoaib Qureshi, Doctor Imran Mirza, Memphis Primary Care Specialists, Lunceford Family Health Center, and Getwell Family Medicine agreed to pay $341,690 to resolve allegations that they violated the False Claims Act by knowingly charging Medicare for services rendered by nurse practitioners at the higher reimbursement rate for physician services, the Justice Department announced today.  
    [Read More…]
  • Syndemics and the Commitment to Quitting Equitably
    In Human Health, Resources and Services
    May 27, 2021 By: Leith [Read More…]
  • Fiscal Year 2011 Budget Request: U.S. Government Accountability Office
    In U.S GAO News
    This testimony discusses the U.S. Government Accountability Office's (GAO) budget request for fiscal year 2011. This has put us in a better position to assist the Congress in confronting the many difficult challenges facing the nation. In fiscal year 2009, GAO supported Congressional decision making and oversight on a range of critical issues, including the government's efforts to help stabilize financial markets and address the most severe recession since World War II. In addition to providing oversight for the 2008 Economic Stabilization Act and the American Recovery and Reinvestment Act of 2009 (Recovery Act), we continued to provide the Congress updates on programs that are at high risk for waste, fraud, abuse, and mismanagement or are in need of broad reform, and delivered advice and analyses on a broad array of pressing domestic and international issues that demand urgent attention and continuing oversight. These include modernizing the regulatory structure for financial institutions and markets to meet 21st century demands; controlling escalating health care costs and providing more effective oversight of medical products; restructuring of the U.S. Postal Service to ensure its financial stability; and improving the Department of Defense's management approaches to issues ranging from weapons system acquisitions to accounting for weapons provided to Afghan security forces. Overall, we responded to requests from every standing committee of the House and the Senate and over 70 percent of their subcommittees. As a knowledge-based organization, our ability to timely assist the Congress as it addresses the nation's challenges depends on our ability to sustain our current staffing levels. We are submitting for your consideration a prudent request for $601 million for fiscal year 2011, which will allow us to maintain our capacity to assist the Congress in addressing a range of financial, social, economic, and security challenges going forward. This amount represents a 4.1 percent increase ($22.6 million) to maintain our fiscal year 2010 operating level, and a 3.8 percent increase ($21.6 million) to continue mandated Recovery Act oversight beyond the expiration of the funding we received to help offset the cost of this new responsibility. The total requested increase of 7.9 percent will allow us to continue the Recovery Act work, maintain our fiscal year 2010 staffing level, cover mandatory pay and uncontrollable cost increases, and reinvest savings from nonrecurring costs and efficiencies to further enhance our productivity and effectiveness.With the strong support of the Congress and this subcommittee, in fiscal years 2009 and 2010 GAO increased our staff capacity. Our fiscal year 2011 budget request is prudent and essential to ensure that we can maintain this capacity and continue to provide timely, high-quality assistance to the Congress in confronting the critical economic, financial and security challenges facing the nation. We have a proven track record of helping the Congress evaluate critical issues of national importance and improving the transparency and accountability of government for the American people. For example, our work in the banking sector provided a framework that can be used to help reform the financial regulatory system and to evaluate proposals to ensure that any new regulatory system is sufficiently comprehensive, addresses risks, and adequately protects consumers. In the last 2 years our work yielded significant results across the government, including an average in each of the last 2 years of expert testimony at about 250 congressional hearings, almost 1,300 recommendations for improvements in government operations and changes to law, and $50 billion in financial benefits, resulting in a return on investment in fiscal year 2009 of $80 for every dollar the Congress invested in us.
    [Read More…]
  • Insurance Broker Sentenced for $3.8 Million Fraud Scheme
    In Crime News
    A licensed insurance broker and the owner of Benefits Consulting Associates LLC was sentenced to 70 months in prison Wednesday for his role in a scheme to defraud CareFirst BlueCross BlueShield of more than $3.8 million.
    [Read More…]
  • Justice Department Anticorruption Task Force Launches New Measures to Combat Corruption in Central America
    In Crime News
    The Department of Justice today announced a tip line to help assist its Anticorruption Task Force fight corruption in El Salvador, Guatemala, and Honduras, a key component of the Vice President’s work to address the root causes of migration.   
    [Read More…]
  • Public Health Preparedness: HHS Has Taken Some Steps to Implement New Authority to Speed Medical Countermeasure Innovation
    In U.S GAO News
    The Department of Health and Human Services' (HHS) Biomedical Advanced Research and Development Authority has taken steps towards implementing an authority provided by the 21st Century Cures Act to accelerate the development of medical countermeasures. Medical countermeasures are drugs, vaccines, and devices to diagnose, treat, prevent, or mitigate potential health effects of exposure to chemical, biological, radiological, and nuclear threats. However, as of June 2020, HHS had not selected a medical countermeasures innovation partner—an independent, nonprofit entity that the 21st Century Cures Act authorizes HHS to partner with to use venture capital practices and methods to invest in companies developing medical countermeasures. Towards implementing the authority, HHS has developed a vision for the innovation partner, staffed a division to manage HHS's medical innovation partnership and determined an initial amount of funding needed, solicited and considered feedback from venture capital and other stakeholders, and developed preliminary plans for structuring and overseeing the partnership. HHS officials explained this type of partnership approach was new to the agency and required due diligence to develop. According to agency officials, the innovation partner will allow HHS to invest in potentially transformative medical countermeasures that have the potential to benefit the government. For example, the innovation partner could invest in innovative wearable technologies to help early detection of viral infections. HHS officials told GAO that the partner, which is required by law to be a nonprofit entity, will be required to reinvest BARDA's revenues generated from government investments into further investments made through the partnership. BARDA's ultimate goal will be to use these revenues to fund new investments. According to a review of stakeholder comments submitted to HHS, potential venture capital partners identified concerns regarding aspects of the agency's plans for the innovation partner, which the stakeholders indicated could hinder HHS's implementation of the authority. For example, there is a statutory limit to the annual salary that can be paid to an individual from HHS's annual appropriation, which some stakeholders indicated was too low to attract an entity to manage the innovation partner funds. HHS officials told GAO they are assessing options to mitigate some of these concerns, but that plans will not be final until they select the partner. GAO provided a draft of this correspondence to HHS and the Department of Defense for review and comment. HHS did not provide comments on this report and DOD provided technical comments that we incorporated as appropriate. The COVID-19 pandemic and other public health emergencies caused by chemical, biological, radiological, and nuclear agents or emerging infectious diseases raise concern about the nation's vulnerability to, and capacity to prevent or mitigate, potential health effects from exposure to such threats. The 21st Century Cures Act authorized HHS to partner with a private, nonprofit entity that can use venture capital practices and methods to invest in companies developing promising, innovative, medical countermeasures. The 21st Century Cures Act included a provision for GAO to review activities conducted under the innovation partner authority. This report describes the status of HHS's implementation of the authority. GAO reviewed relevant statutes and HHS documentation regarding its plans and actions taken to implement the authority, reviewed responses HHS received to the two requests for information it used to collect information from venture capital and other stakeholders, interviewed HHS officials, and interviewed officials from the Department of Defense, which has partnered with a private, nonprofit entity to make investments using venture capital practices. For more information, contact Mary Denigan-Macauley at (202) 512-7114 or DeniganMacauleyM@gao.gov.
    [Read More…]
  • Department Press Briefing with Spokesperson Ned Price – December 8, 2021
    In Crime Control and Security News
    Office of the [Read More…]
Network News © 2005 Area.Control.Network™ All rights reserved.