Judicial Understaffing Delays Getting Emergencies Solved Act of 2024
Floor Speech
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Mr. ISSA. Madam Speaker, pursuant to House Resolution 1612, I call up the bill (S. 4199) to authorize additional district judges for the district courts and convert temporary judgeships, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mrs. Kim of California) pursuant to House Resolution 1612, the bill is considered read.
The text of the bill is as follows: S. 4199
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 of 2024'' or the ``JUDGES Act of 2024''. 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.--
(A) In general.--The President shall appoint, by and with the advice and consent of the Senate--
(i) 1 additional district judge for the central district of California;
(ii) 1 additional district judge for the eastern district of California;
(iii) 1 additional district judge for the northern district of California;
(iv) 1 additional district judge for the district of Delaware;
(v) 1 additional district judge for the middle district of Florida;
(vi) 1 additional district judge for the southern district of Indiana;
(vii) 1 additional district judge for the northern district of Iowa;
(viii) 1 additional district judge for the district of New Jersey;
(ix) 1 additional district judge for the southern district of New York;
(x) 1 additional district judge for the eastern district of Texas; and
(xi) 1 additional district judge for the southern district of Texas.
(B) Tables.--The table contained in section 133(a) of title 28, United States Code, is amended--
(i) by striking the items relating to California and inserting the following:
``California:
Northern.................................................... 15
Eastern..................................................... 7
Central..................................................... 28
Southern.................................................... 13'';
(ii) by striking the item relating to Delaware and inserting the following:
``Delaware.................................................. 5'';
(iii) by striking the items relating to Florida and inserting the following:
``Florida:
Northern.................................................... 4
Middle...................................................... 16
Southern.................................................... 17'';
(iv) by striking the items relating to Indiana and inserting the following:
``Indiana:
Northern.................................................... 5
Southern.................................................... 6'';
(v) by striking the items relating to Iowa and inserting the following:
``Iowa:
Northern.................................................... 3
Southern.................................................... 3'';
(vi) by striking the item relating to New Jersey and inserting the following:
``New Jersey................................................ 18'';
(vii) by striking the items relating to New York and inserting the following:
``New York:
Northern.................................................... 5
Southern.................................................... 29
Eastern..................................................... 15
Western..................................................... 4''; and
(viii) by striking the items relating to Texas and inserting the following:
``Texas:
Northern.................................................... 12
Southern.................................................... 20
Eastern..................................................... 8
Western..................................................... 13''.
(C) Effective date.--This paragraph shall take effect on January 21, 2025.
(2) 2027.--
(A) In general.--The President shall appoint, by and with the advice and consent of the Senate--
(i) 1 additional district judge for the district of Arizona;
(ii) 2 additional district judges for the central district of California;
(iii) 1 additional district judge for the eastern district of California;
(iv) 1 additional district judge for the northern district of California;
(v) 1 additional district judge for the middle district of Florida;
(vi) 1 additional district judge for the southern district of Florida;
(vii) 1 additional district judge for the northern district of Georgia;
(viii) 1 additional district judge for the district of Idaho;
(ix) 1 additional district judge for the northern district of Texas; and
(x) 1 additional district judge for the southern district of Texas.
(B) Tables.--The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (1) of this subsection, is amended--
(i) by striking the item relating to Arizona and inserting the following:
``Arizona................................................... 13'';
(ii) by striking the items relating to California and inserting the following:
``California:
Northern.................................................... 16
Eastern..................................................... 8
Central..................................................... 30
Southern.................................................... 13'';
(iii) by striking the items relating to Florida and inserting the following:
``Florida:
Northern.................................................... 4
Middle...................................................... 17
Southern.................................................... 18'';
(iv) by striking the items relating to Georgia and inserting the following:
``Georgia:
Northern.................................................... 12
Middle...................................................... 4
Southern.................................................... 3'';
(v) by striking the item relating to Idaho and inserting the following:
``Idaho..................................................... 3''; and
(vi) by striking the items relating to Texas and inserting the following:
``Texas:
Northern.................................................... 13
Southern.................................................... 21
Eastern..................................................... 8
Western..................................................... 13''.
(C) Effective date.--This paragraph shall take effect on January 21, 2027.
(3) 2029.--
(A) In general.--The President shall appoint, by and with the advice and consent of the Senate--
(i) 1 additional district judge for the central district of California;
(ii) 1 additional district judge for the eastern district of California;
(iii) 1 additional district judge for the northern district of California;
(iv) 1 additional district judge for the district of Colorado;
(v) 1 additional district judge for the district of Delaware;
(vi) 1 additional district judge for the district of Nebraska;
(vii) 1 additional district judge for the eastern district of New York;
(viii) 1 additional district judge for the eastern district of Texas;
(ix) 1 additional district judge for the southern district of Texas; and
(x) 1 additional district judge for the western district of Texas.
(B) Tables.--The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (2) of this subsection, is amended--
(i) by striking the items relating to California and inserting the following:
``California:
Northern.................................................... 17
Eastern..................................................... 9
Central..................................................... 31
Southern.................................................... 13'';
(ii) by striking the item relating to Colorado and inserting the following:
``Colorado.................................................. 8'';
(iii) by striking the item relating to Delaware and inserting the following:
``Delaware.................................................. 6'';
(iv) by striking the item relating to Nebraska and inserting the following:
``Nebraska.................................................. 4'';
(v) by striking the items relating to New York and inserting the following:
``New York:
Northern.................................................... 5
Southern.................................................... 29
Eastern..................................................... 16
Western..................................................... 4''; and
(vi) by striking the items relating to Texas and inserting the following:
``Texas:
Northern.................................................... 13
Southern.................................................... 22
Eastern..................................................... 9
Western..................................................... 14''.
(C) Effective date.--This paragraph shall take effect on January 21, 2029.
(4) 2031.--
(A) In general.--The President shall appoint, by and with the advice and consent of the Senate--
(i) 1 additional district judge for the district of Arizona;
(ii) 1 additional district judge for the central district of California;
(iii) 1 additional district judge for the eastern district of California;
(iv) 1 additional district judge for the northern district of California;
(v) 1 additional district judge for the southern district of California;
(vi) 1 additional district judge for the middle district of Florida;
(vii) 1 additional district judge for the southern district of Florida;
(viii) 1 additional district judge for the district of New Jersey;
(ix) 1 additional district judge for the western district of New York; and
(x) 2 additional district judges for the western district of Texas.
(B) Tables.--The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (3) of this subsection, is amended--
(i) by striking the item relating to Arizona and inserting the following:
``Arizona................................................... 14'';
(ii) by striking the items relating to California and inserting the following:
``California:
Northern.................................................... 18
Eastern..................................................... 10
Central..................................................... 32
Southern.................................................... 14'';
(iii) by striking the items relating to Florida and inserting the following:
``Florida:
Northern.................................................... 4
Middle...................................................... 18
Southern.................................................... 19'';
(iv) by striking the item relating to New Jersey and inserting the following:
``New Jersey................................................ 19'';
(v) by striking the items relating to New York and inserting the following:
``New York:
Northern.................................................... 5
Southern.................................................... 29
Eastern..................................................... 16
Western..................................................... 5''; and
(vi) by striking the items relating to Texas and inserting the following:
``Texas:
Northern.................................................... 13
Southern.................................................... 22
Eastern..................................................... 9
Western..................................................... 16''.
(C) Effective date.--This paragraph shall take effect on January 21, 2031.
(5) 2033.--
(A) In general.--The President shall appoint, by and with the advice and consent of the Senate--
(i) 2 additional district judges for the central district of California;
(ii) 1 additional district judge for the northern district of California;
(iii) 1 additional district judge for the district of Colorado;
(iv) 1 additional district judge for the middle district of Florida;
(v) 1 additional district judge for the northern district of Florida;
(vi) 1 additional district judge for the northern district of Georgia;
(vii) 1 additional district judge for the southern district of New York;
(viii) 1 additional district judge for the southern district of Texas; and
(ix) 1 additional district judge for the western district of Texas.
(B) Tables.--The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (4) of this subsection, is amended--
(i) by striking the items relating to California and inserting the following:
``California:
Northern.................................................... 19
Eastern..................................................... 10
Central..................................................... 34
Southern.................................................... 14'';
(ii) by striking the item relating to Colorado and inserting the following:
``Colorado.................................................. 9'';
(iii) by striking the items relating to Florida and inserting the following:
``Florida:
Northern.................................................... 5
Middle...................................................... 19
Southern.................................................... 19'';
(iv) by striking the items relating to Georgia and inserting the following:
``Georgia:
Northern.................................................... 13
Middle...................................................... 4
Southern.................................................... 3'';
(v) by striking the items relating to New York and inserting the following:
``New York:
Northern.................................................... 5
Southern.................................................... 30
Eastern..................................................... 16
Western..................................................... 5''; and
(vi) by striking the items relating to Texas and inserting the following:
``Texas:
Northern.................................................... 13
Southern.................................................... 23
Eastern..................................................... 9
Western..................................................... 17''.
(C) Effective date.--This paragraph shall take effect on January 21, 2033.
(6) 2035.--
(A) In general.--The President shall appoint, by and with the advice and consent of the Senate--
(i) 2 additional district judges for the central district of California;
(ii) 1 additional district judge for the northern district of California;
(iii) 1 additional district judge for the southern district of California;
(iv) 1 additional district judge for the middle district of Florida;
(v) 1 additional district judge for the southern district of Florida;
(vi) 1 additional district judge for the district of New Jersey;
(vii) 1 additional district judge for the eastern district of New York;
(viii) 2 additional district judges for the western district of Texas.
(B) Tables.--The table contained in section 133(a) of title 28, United States Code, as amended by paragraph (5) of this subsection, is amended--
(i) by striking the items relating to California and inserting the following:
``California:
Northern.................................................... 20
Eastern..................................................... 10
Central..................................................... 36
Southern.................................................... 15'';
(ii) by striking the items relating to Florida and inserting the following:
``Florida:
Northern.................................................... 5
Middle...................................................... 20
Southern.................................................... 20'';
(iii) by striking the item relating to New Jersey and inserting the following:
``New Jersey................................................ 20'';
(iv) by striking the items relating to New York and inserting the following:
``New York:
Northern.................................................... 5
Southern.................................................... 30
Eastern..................................................... 17
Western..................................................... 5''; and
(v) by striking the items relating to Texas and inserting the following:
``Texas:
Northern.................................................... 13
Southern.................................................... 23
Eastern..................................................... 9
Western..................................................... 19''.
(C) Effective date.--This paragraph shall take effect on January 21, 2035.
(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) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to carry out this section and the amendments made by this section--
(A) for each of fiscal years 2025 and 2026, $12,965,330;
(B) for each of fiscal years 2027 and 2028, $23,152,375;
(C) for each of fiscal years 2029 and 2030, $32,413,325;
(D) for each of fiscal years 2031 and 2032, $42,600,370;
(E) for each of fiscal years 2033 and 2034, $51,861,320; and
(F) for fiscal year 2035 and each fiscal year thereafter, $61,122,270.
(2) Inflation adjustment.--For each fiscal year described in paragraph (1), the amount authorized to be appropriated for such fiscal year shall be increased by the percentage by which--
(A) the Consumer Price Index for the previous fiscal year, exceeds
(B) the Consumer Price Index for the fiscal year preceding the fiscal year described in subparagraph (A).
(3) Definition.--In this subsection, the term ``Consumer Price Index'' means the Consumer Price Index for All Urban Consumers (all items, United States city average), published by the Bureau of Labor Statistics of the Department of Labor. SEC. 4. ORGANIZATION OF UTAH DISTRICT COURTS.
Section 125(2) of title 28, United States Code, is amended by striking ``and St. George'' and inserting ``St. George, Moab, and Monticello''. SEC. 5. ORGANIZATION OF TEXAS DISTRICT COURTS.
Section 124(b)(2) of title 28, United States Code, is amended, in the matter preceding paragraph (3), by inserting ``and College Station'' before the period at the end. SEC. 6. ORGANIZATION OF CALIFORNIA DISTRICT COURTS.
Section 84(d) of title 28, United States Code, is amended by inserting ``and El Centro'' after ``at San Diego''. SEC. 7. GAO REPORTS.
(a) Judicial Caseloads.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives and make publicly available reports--
(1) evaluating--
(A) the accuracy and objectiveness of case-related workload measures and methodologies used by the Administrative Office of the United States Courts for district courts of the United States and courts of appeals of the United States;
(B) the impact of non-case-related activities of judges of the district courts of the United States and courts of appeals of the United States on judicial caseloads; and
(C) the effectiveness and efficiency of the policies of the Administrative Office of the United States Courts regarding senior judges; and
(2) providing any recommendations of the Comptroller General with respect to the matters described in paragraph (1).
(b) Detention Space.--The Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on an assessment of--
(1) a determination of the needs of Federal agencies for detention space;
(2) efforts by Federal agencies to acquire detention space; and
(3) any challenges in determining and acquiring detention space. SEC. 8. PUBLIC ACCESSIBILITY OF THE ARTICLE III JUDGESHIP RECOMMENDATIONS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES REPORT.
(a) In General.--The Administrative Office of the United States Courts, in consultation with the Judicial Conference of the United States, shall make publicly available on their website, free of charge, the biennial report entitled ``Article III Judgeship Recommendations of the Judicial Conference of the United States''.
(b) Contents.--The report described in subsection (a) should be released not less frequently than biennially and contain the summaries and all related appendixes supporting the judgeship recommendations of the Judicial Conference of the United States, including--
(1) the process used by the Judicial Conference in developing the recommendations;
(2) any caseload and methodology changes;
(3) judgeship surveys with recommendations; and
(4) specific information about each court for which the Judicial Conference recommends additional judgeships.
(c) Submission to Congress.--The Administrative Office of the United States Courts shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives copies of the report described in subsection (a).
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Mr. ISSA. 4199.
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Mr. ISSA. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I will be brief in opening. This is, in fact, a highly bipartisan, bicameral bill that is, by God, overdue. Not since the nineties have we done a full authorization to deal with the expansion of our country and of the adjudication of Federal laws.
The fact is this passed the Senate overwhelmingly. It had essentially no real adversaries. It costs just 5 percent of the discretionary bill, and it saves countless billions of dollars.
The reality is this bill would have passed by unanimous consent had we brought it sooner.
I apologize to everyone here for the hour we are taking about something that we should have done before the elections and done it quickly. Nevertheless, we are where we are. We are faced with a choice today.
Do we add to the judgeships for the first time in 20 years and for nearly 40 since it was done by an ordinary legislation rather than appropriations, or do we, again, add to the backlog that is costing American businesses countless billions of dollars in excess time and fees and uncertainty as to the outcome?
Do we continue to have criminals allowed to plead out because there isn't court time and U.S. Attorneys are faced with the decision of what to do with somebody when, in fact, there just isn't enough time to get them through?
There are over three-quarters of a million cases in backlog and only about 600 judges to do it. This bill, over a 12-year period, will phase in additional judges. I would have liked them sooner, and my colleagues on the other side would have liked them sooner. This was a compromise. The compromise was painful but necessary and bipartisan, and that was that no one President and no one Senate would determine who these judges were, keeping the politics out of it. It would only be pettiness today if we were to not do this because of who got to be first.
This is no different from a coin flip at the start of a football game. Yes, the winner gets to receive or kick as they choose, but afterwards it will go back and forth for a very long time.
This is a very long time, and we should be with long thinkers on the most permanent body in government.
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Mr. ISSA. Mr. Speaker, we often hear the term ``country before party'' here in the House and throughout our country. It is clear we didn't hear that here yet today on the other side of the aisle.
Mr. Speaker, normally, when you know a bill is going to pass, you close quickly. I am going to break that rule for a few minutes today because I want to make one last plea. I wish the plea was to the American people as it should be. I wish the plea was to the Speaker as it will be from a standpoint of where I look and where I speak, but the plea is to the President of the United States not to be petty. It is to my colleagues on the other side of the aisle to consider the long-term impact of this decision that has been spoken of today.
As the ranking member and my friend, Jerry Nadler, said, this was bipartisan. This was something that was worked out, not just now, but the gentleman from New York and I worked this out in 2017 and similarly, we couldn't get it across the finish line.
After that, people decided to be partisan for a while, and Jerry and I--if I may call the gentleman from New York my friend (Mr. Nadler), Jerry--we said no. We are going to go back to being men of the House. We are going to go back to doing what is good, putting country first, and particularly putting the needs of Article III, the other body, the one that we control, but only until they are appointed. Then once appointed, they serve for life. They serve in any way they choose for good behavior and as a result they become very independent and very much nonpartisan.
I am going to appeal in a couple of ways, for a moment, to my colleagues who have to make a vote that is not immediately to their party's benefit and for which the first 2 years are not unknown. It is easy to talk about 6 congressional periods, more than 10 years, 3 Presidents, and say, but I am not getting it the first 4 years.
Well, President Trump doesn't have 4 years; President Trump has 2 years in which we know that there is currently a Senate majority. Senate majorities come and go. Very easily 2 years from now the Senate could be under the other party's control. That would mean that no judge would be brought in those second 4 years, and half of those 25 seats that have been talked about here today, and probably more than half because of the time it takes to get through the process, more than half would be under a Senate that would say, no, we want to compromise.
I am a Californian. I have only had in my 24 years Democrats as my Senators. I have had quite a few, different status, different dedication. One of them is the current Vice President Kamala Harris. I know how they use the blue slip. I know how in my State you don't get a super Trumper.
The fact is, you don't get anyone without a process of going through those Senators and getting compromise. I know that the seven that are to be produced over these next 4 years--none of them, by the way, in my home district where I desperately need them, but that was also part of the consideration and compromise--those will be, in fact, with two Democrat Senators who insist on moderate Republicans.
But let's go behind the nuances.
After those first 2 years, we have 8 more years. It could be that most of those years could be with a Democrat President and a Democrat Senate. Maybe not, but let's talk about the benefit or damage that if the President--because this bill is going to pass, hopefully with bipartisan support and, hopefully, with many people that aren't here today who have heard from their judges.
If the President signs it, yes, he will be signing saying that a few judges will be appointed and likely confirmed under this united government that currently is forecast.
Let's look at the scope.
There are 890 judges, including our appellate judges, 677 at the district court alone. In my district, almost half of the judges hearing cases are senior status. They don't even count. That means that there are over a thousand judges, including those who are on senior status, still working, essentially for free because they could retire and get the same money.
They, in fact, are working because the backlog is over three-quarters of a million cases. They are working because otherwise patents and other civil cases that cost tens of millions of dollars often, if delayed, cost millions of dollars a year. They are trying to keep the system working.
The damage to our country, to our economy if we choose not to have this bill signed into law could be great, and the savings could be even greater for the efficiency.
Lastly, let's ask the real question. Over 1,000 judges, 890 not on senior status, and we are talking about 25 that could be appointed if the President holds the Senate for his 4 years, 25 out of 890. That isn't very many.
In the opening remarks, my good friend from New York did mention that there could be 100 judges appointed by the next President and confirmed by the Senate. That is true. That is going to happen whether we expand this or not.
The question is, for example: For the three temporary judges in Oklahoma, will the backlog of cases for Native Americans that prompted those temporary positions, will that continue?
Will we continue to have judges constantly getting on airplanes and running around almost like a riding circuit in order to fill a gap here or there because they don't have enough judges but they try to find a judge that they can move around a little bit?
Will we continue to have justice denied because justice delayed is justice denied, or will we alleviate some of this?
Will we work with the Chief Justice and all the Justices of the Supreme Court? By the way, there are nine of them and not one of them has called the ranking member or the chairman and said, don't do this bill now because it might be partisan.
The Justices of both parties, the judges appointed by both parties, are still calling all of the offices and asking, please move this bill.
Lastly, in closing, I will share with my colleague on the other side of the aisle, I wish we had brought this sooner. I know that it would have been more likely to have been broadly passed and signed by a President who thought his Vice President was going to replace him or even earlier when he thought he was going to get a second term, but we are not there.
We are in a position where I am going to ask as many of my colleagues on the other side of the aisle to vote for this, to put country before the obvious politics of it.
Lastly, the plea I make to the former Senator that I served with, the former Vice President that I served with, and the President I now serve with, don't be petty. Don't put politics ahead of the good of the country.
Before considering the signing of this bill, which I know will go to his desk, talk to the court, talk to Members that he, in fact, as a Senator from Delaware helped put on the bench and ask them: Should I sign this bill or should I veto it and hope that you can put up with 2, 4, or 20 more years before we send you enough judges to adjudicate the cases, particularly civil, that are pending?
That is the plea I make here today. It is not a plea I have ever made before, and I hope I don't have to make it again.
Mr. Speaker, I ask all our colleagues to please put country first ahead of the obvious politics that are here and vote for this bill.
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