Litigation

ABA President Urges Filling of Vacant Judgeships

By Peter Hardin

The president of the American Bar Association has warned that efficiency and fairness of the justice system are strained by a growing number of empty judgeships in the lower federal courts.

“Our courts are already terribly strained at the federal level because of the caseload and the workload, and when you’re a hundred justices down… that’s a big gap,” a LegalNewsline article quoted the ABA president, Carolyn Lamm, as saying. About 100 vacancies “urgently” need filling, she said.

“We have speedy trial rules that require them to put criminal cases first,” Lamm said. “As a result, all of the civil proceedings are put off and there is a real gap in terms of a significant delay as a result of the vacancies. It is edging toward a crisis not to have a full bench.”

The ABA is a partner of Justice at Stake.

Meanwhile Carl Tobias, a University of Richmond law professor, took a similar view in a commentary published in the Des Moines Register:

“The vacancies in federal appeals and district court judgeships undermine fast, inexpensive and fair case resolution. Thus, President Obama must promptly nominate, and senators must expeditiously confirm, numerous talented judges.”

In a Philadelphia Inquirer commentary, George Curry put a baldly political face on what he called the “alley fight” in the Senate over confirming a president’s nominees:

“If Obama fills all judicial vacancies, there will be a more balanced split between Democratic and Republican judges on the federal bench. But both sides are jockeying for an advantage. Democrats are eager to push through Obama’s court nominees, while Republicans try to stall as many as possible, hoping that the GOP can regain the White House in 2012 and exert even more control over federal courts.

“Although he got off to a slow start, by the time George W. Bush left office, the Senate had confirmed 322 of his 333 nominees on whom final action was taken (confirmation, rejection, or withdrawal), a confirmation rate of 97 percent.”

Last month, the Justice at Stake Campaign and two partner groups urged the White House and Senate leaders  to join together and reduce a growing backlog of judicial nominations. You can learn more by clicking on this earlier Gavel Grab post.

Full post as published by The Gavel on July 14, 2010 (boomark / email).