CASE LOAD Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1771 To authorize additional district judges for the district court for the eastern district of California. IN THE SENATE OF THE UNITED STATES MAY 31 (legislative day, MAY 30), 2023 Mr. PADILLA introduced the following bill; which was read twice and 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 United States District Court for the 9 Eastern District of California is the Federal trial 10 VerDate Sep 11 2014 05:11 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1771.IS S1771 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1771 IS court for 34 counties, including 5 of the fastest- 1 growing cities in California, serving a population of 2 approximately 8,400,000. 3 (2) The United States District Court for the 4 Eastern District of California is one of the largest 5 judicial districts in the country, with approximately 6 8,400,000 residents and over 87,000 square miles of 7 land. Yet, there are only 6 permanent judgeships, 8 with 1 upcoming vacancy pending a nomination ele- 9 vating a sitting district judge. 10 (3) Based on the 2019 census data, the ratio of 11 authorized district judgeships to population was 12 1:1,362,552. The central district of California has 13 the next highest ratio in the State, nearly 1⁄2 the 14 size, with 1:694,323. 15 (4) As of June 2022, the total pending cases 16 per judgeship in the United States District Court for 17 the Eastern District of California was 1,308, over 18 2.6 times larger than the average for all districts 19 within the United States Court of Appeals for the 20 Ninth Circuit. Pending caseloads remain high, and 21 if a new vacancy opens upon the elevation of the dis- 22 trict judge, caseloads will once again reach this 23 unsustainable level. 24 VerDate Sep 11 2014 05:11 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1771.IS S1771 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1771 IS 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) TECHNICAL AND CONFORMING AMEND- 9 MENT.—The table in section 133(a) of title 28, 10 United States Code, is amended by striking the 11 items relating to California and inserting the fol- 12 lowing: 13 ‘‘California: Northern ................................................................. 14 Eastern ................................................................... 8 Central .................................................................... 27 Southern ................................................................. 13’’. (3) EFFECTIVE DATE.—The amendment made 14 by paragraph (2) shall take effect on January 20, 15 2025. 16 (b) 2027.— 17 (1) ADDITIONAL JUDGESHIPS.—On or after 18 January 5, 2027, the President shall appoint, by 19 and with the advice and consent of the Senate, 1 ad- 20 ditional district judge for the eastern district of Cali- 21 fornia. 22 VerDate Sep 11 2014 05:11 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1771.IS S1771 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1771 IS (2) TECHNICAL AND CONFORMING AMEND- 1 MENT.—The table in section 133(a) of title 28, 2 United States Code, is amended by striking the 3 items relating to California and inserting the fol- 4 lowing: 5 ‘‘California: Northern ................................................................. 14 Eastern ................................................................... 9 Central .................................................................... 27 Southern ................................................................. 13’’. (3) EFFECTIVE DATE.—The amendment made 6 by paragraph (2) shall take effect on January 4, 7 2027. 8 (c) 2029.— 9 (1) ADDITIONAL JUDGESHIPS.—On or after 10 January 21, 2029, the President shall appoint, by 11 and with the advice and consent of the Senate, 2 ad- 12 ditional district judges for the eastern district of 13 California. 14 (2) TECHNICAL AND CONFORMING AMEND- 15 MENT.—The table in section 133(a) of title 28, 16 United States Code, is amended by striking the 17 items relating to California and inserting the fol- 18 lowing: 19 ‘‘California: Northern ................................................................. 14 Eastern ................................................................... 11 Central .................................................................... 27 Southern ................................................................. 13’’. VerDate Sep 11 2014 05:11 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1771.IS S1771 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1771 IS (3) EFFECTIVE DATE.—The amendment made 1 by paragraph (2) shall take effect on January 20, 2 2029. 3 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 4 There are authorized to be appropriated such sums 5 as may be necessary to carry out this Act and the amend- 6 ments made by this Act, including such sums as may be 7 necessary to provide appropriate space and facilities for 8 the judicial positions created by this Act and the amend- 9 ments made by this Act. 10 Æ VerDate Sep 11 2014 05:11 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1771.IS S1771 kjohnson on DSK79L0C42PROD with BILLS