CASE LOAD Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3223 To authorize additional district judges for the district court for the eastern district of California. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mr. COSTA (for himself, Mr. OBERNOLTE, and Ms. MATSUI) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize additional district judges for the district court for the eastern district of California. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Creating Additional 4 Seats to Ease Legally Overburdened Adjudicators’ Dock- 5 ets Act of 2023’’ or the ‘‘CASE LOAD Act of 2023’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 (1) The Federal district court for the eastern 9 district of California is the Federal trial court for 34 10 VerDate Sep 11 2014 04:30 May 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3223.IH H3223 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3223 IH counties, including five of the fastest-growing cities 1 in the State of California, serving a population of 2 approximately 8,400,000. 3 (2) The Federal district court for the eastern 4 district of California is one of the largest judicial 5 districts in the country, with approximately 6 8,400,000 residents and over 87,000 square miles of 7 land. Yet, there are only six permanent judgeships, 8 with one upcoming vacancy pending a nomination 9 elevating a sitting district judge. 10 (3) Based on the 2019 U.S. census data, the 11 ratio of authorized district judgeships to population 12 was 1:1,362,552. The central district of California 13 has the next highest ratio in the State, nearly half 14 the size, with 1:694,323. 15 (4) As of June 2022, the total pending cases 16 per judgeship in the Federal district court for the 17 eastern district of California was 1,308, over 2.6 18 times larger than the average for all districts within 19 the United States Court of Appeals for the Ninth 20 Circuit. Pending caseloads remain high, and if a new 21 vacancy opens upon the elevation of the district 22 judge, caseloads will once again reach this 23 unsustainable level. 24 VerDate Sep 11 2014 04:30 May 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3223.IH H3223 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3223 IH SEC. 3. ADDITIONAL DISTRICT JUDGES FOR THE EASTERN 1 DISTRICT OF CALIFORNIA. 2 (a) 2025.— 3 (1) ADDITIONAL JUDGESHIPS.—On or after 4 January 21, 2025, the President shall appoint, by 5 and with the advice and consent of the Senate, 2 ad- 6 ditional district judges for the eastern district of 7 California. 8 (2) CLERICAL AMENDMENT.—The table con- 9 tained in section 133(a) of title 28, United States 10 Code, is amended by striking the items relating to 11 California and inserting the following: 12 ‘‘California: Northern ................................................................. 14 Eastern ................................................................... 8 Central .................................................................... 27 Southern ................................................................. 13’’. (3) EFFECTIVE DATE.—The amendment made 13 by paragraph (2) shall take effect on January 20, 14 2025. 15 (b) 2027.— 16 (1) ADDITIONAL JUDGESHIPS.—On or after 17 January 5, 2027, the President shall appoint, by 18 and with the advice and consent of the Senate, 1 ad- 19 ditional district judge for the eastern district of Cali- 20 fornia. 21 (2) CLERICAL AMENDMENT.—The table con- 22 tained in section 133(a) of title 28, United States 23 VerDate Sep 11 2014 04:30 May 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3223.IH H3223 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3223 IH Code, is amended by striking the items relating to 1 California and inserting the following: 2 ‘‘California: Northern ................................................................. 14 Eastern ................................................................... 9 Central .................................................................... 27 Southern ................................................................. 13’’. (3) EFFECTIVE DATE.—The amendment made 3 by paragraph (2) shall take effect on January 4, 4 2027. 5 (c) 2029.— 6 (1) ADDITIONAL JUDGESHIPS.—On or after 7 January 21, 2029, the President shall appoint, by 8 and with the advice and consent of the Senate, 2 ad- 9 ditional district judges for the eastern district of 10 California. 11 (2) CLERICAL AMENDMENT.—The table con- 12 tained in section 133(a) of title 28, United States 13 Code, is amended by striking the items relating to 14 California and inserting the following: 15 ‘‘California: Northern ................................................................. 14 Eastern ................................................................... 11 Central .................................................................... 27 Southern ................................................................. 13’’. (3) EFFECTIVE DATE.—The amendment made 16 by paragraph (2) shall take effect on January 20, 17 2029. 18 VerDate Sep 11 2014 04:30 May 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3223.IH H3223 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3223 IH SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 1 There are authorized to be appropriated such sums 2 as may be necessary to carry out this Act and the amend- 3 ments made by this Act, including such sums as may be 4 necessary to provide appropriate space and facilities for 5 the judicial positions created by this Act or an amendment 6 made by this Act. 7 Æ VerDate Sep 11 2014 04:30 May 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3223.IH H3223 kjohnson on DSK79L0C42PROD with BILLS