Calendar No. 430
118th CONGRESS 2d Session |
To authorize additional district judges for the district courts and convert temporary judgeships.
April 19, 2024
Mr. Young (for himself, Mr. Coons, Mr. Lankford, Mr. Padilla, Mr. Cruz, Ms. Hirono, Mr. Tillis, Mr. Luján, Mr. Graham, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
June 18, 2024
Reported by Mr. Coons (for Mr. Durbin) with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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,
This Act may be cited as the “Judicial Understaffing Delays Getting Emergencies Solved Act of 2024” or the “JUDGES Act of 2024”.
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.
SEC. 3. Additional district judges for the district courts.
(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.
(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) 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 | 14”; |
(2) by striking the items relating to California and inserting the following:
“California: | |
Northern | 20 |
Eastern | 10 |
Central | 36 |
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 | 20”; |
(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 item relating to Nebraska and inserting the following:
“Nebraska | 4”; |
(11) by striking the item relating to New Jersey and inserting the following:
“New Jersey | 20”; |
(12) by striking the items relating to New York and inserting the following:
“New York: | |
Northern | 5 |
Southern | 30 |
Eastern | 17 |
Western | 5”; |
(13) by striking the items relating to Texas and inserting the following:
“Texas: | |
Northern | 13 |
Southern | 23 |
Eastern | 9 |
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.
This Act may be cited as the “Judicial Understaffing Delays Getting Emergencies Solved Act of 2024” or the “JUDGES Act of 2024”.
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.
SEC. 3. Additional district judges for the district courts.
(a) Additional judgeships.—
(1) 2025.—
(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”; |
(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”; |
(2) 2027.—
(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—
(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”; |
(3) 2029.—
(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”; |
(4) 2031.—
(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—
(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”; |
(5) 2033.—
(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”; |
(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”; |
(6) 2035.—
(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”; |
(b) Temporary judgeships.—
(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.
(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—
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”.
(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;
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”.
Calendar No. 430 | |||||
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A BILL | |||||
To authorize additional district judges for the district courts and convert temporary judgeships. | |||||
June 18, 2024 | |||||
Reported with an amendment |