The judicial system needs judges to be appointed to Federal courts to perform the core functions required by the Constitution
WASHINGTON, Nov. 15, 2013 /PRNewswire-USNewswire/ --All Americans have a right to their day in court, but the inordinate number of judicial vacancies is undermining the ability of America's federal courts to efficiently and fairly administer justice. The American Civil Trial Bar Roundtable is urging the President to appoint qualified judges to fill the vacancies and for the Senate to confirm them in a timely manner, putting aside unnecessary delays.
The Roundtable, consisting of 16 major bi-partisan national legal associations that promote the civil justice system and the efforts of the federal and state courts, is concerned that the rising number of caseloads are at record numbers across the country, which places an undue burden on citizens and businesses.
"Today, should a citizen go to court, he or she will face a court system that is experiencing huge delays due to courts being understaffed and underfunded," said Richard H. Middleton, Jr., co-facilitator of the Roundtable. "What this means in real terms is that our courts have become overburdened and are backed up by the sheer volume of cases. In turn, sitting judges are prevented from spending the time they need on individual cases to render decisions."
As of Nov. 14, statistics provided by the American Bar Association's Governmental Affairs Office show that there are 92 current vacancies. Of those vacancies, 51 nominations are still pending either in committee or on the floor. The unprecedented delays include 41 judicial vacancies without nominations.
The Roundtable firmly believes that justice delayed is justice denied and that the White House and the Senate must perform their obligations. Criminal court caseloads, by nature of their severity, take priority. The ripple effect causes civil cases to be pushed aside. That means businesses - big and small - can't get resolution to problems. Contract disputes go unresolved. And the personal lives of litigants with disputes against businesses are left hanging.
Roundtable leaders say that the White House and members of the Senate need to make a concerted effort to work together to shorten the time between vacancy and confirmation. The government must fulfill its duty required by the U.S. Constitution to staff the courts appropriately. The Roundtable passed the Federal Judicial Vacancies Resolution that encourages the President and the Senate to reduce the number vacancies immediately. The Resolution reads:
Federal Judicial Vacancies Resolution
WHEREAS, the American Civil Trial Bar Roundtable is committed to the just, speedy and inexpensive resolution of disputes; and
WHEREAS, the current number of judicial vacancies undermines the capacity of our federal courts to render justice fairly and promptly and with sufficient consideration as the public and our Constitution demands; and
WHEREAS, a significant number of Article III judgeships are vacant, temporary judgeships are expiring and caseloads are at record numbers in some districts and circuits; and
WHEREAS, the federal judicial vacancies cause unnecessary hardship and increased costs on individuals, businesses and other parties with lawsuits pending in federal courts
RESOLVED THAT THE AMERICAN CIVIL TRIAL BAR ROUNDTABLE, comprised of the following legal associations representing a broad segment of the civil trial practice in the United States, urges the President to promptly nominate qualified federal judicial candidates and the Senate to act upon the nominations in a prompt manner.
American Association for Justice
American Bar Association
American Bar Association Litigation Section
American Bar Association American Jury Project
American Bar Association Tort Trial and Insurance Practice Section
American Board of Trial Advocates
Association of Defense Trial Attorneys
American Board of Professional Liability Attorneys
Academy of Rail Labor Attorneys
Defense Research Institute
Federal Bar Association
Federation of Defense and Corporate Counsel
International Association of Defense Counsel
International Academy of Trial Lawyers
International Society of Barristers
National Crime Victim Bar Association
Richard T. Boyette, Roundtable co-facilitator, said that the Roundtable is urging the President and Congress to act now before the vacancies cripple the system. "The lack of appointments and approvals has been dragging for more than a year causing court delays and even closures," he said.
The Resolution is being sent all members of the Senate Committee on the Judiciary and key individuals in the White House responsible for directing judicial nominations.
ABOUT THE AMERICAN CIVIL TRIAL BAR ROUNDTABLE:
The American Civil Trial Bar Roundtable brings together leaders of the major civil trial bar organizations and the ABA to work together in the continuation and preservation of the civil trial justice system. The American Civil Trial Bar Roundtable remains active in developing a well-reasoned and balanced approach to civil trial justice issues and is a voice in preserving and promoting the civil jury trial right and an independent and impartial judiciary. Richard H. Middleton is a longtime member of the national board of directors for the American Board of Trial Advocates, the founding organization of the Roundtable. He is also a past president of the American Association of Justice. Richard T. Boyette is a past president of the Defense Research Institute.
For more information contact:
Brian Tyson at (800) 932-2682, briant@abota.org.
SOURCE American Civil Trial Bar Roundtable
