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1998

Courts

Law Faculty Publications

Judicial selection

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Full-Text Articles in Law

Federal Judicial Selection In A Time Of Divided Government,, Carl W. Tobias Jan 1998

Federal Judicial Selection In A Time Of Divided Government,, Carl W. Tobias

Law Faculty Publications

Congress has authorized 179 active judges for the United States Courts of Appeals and 649 active judges for the United States District Courts. Eighty-two judgeships are now vacant, although the size and complexity of federal caseloads continue to increase. More than thirty openings are considered "judicial emergencies" because they have remained unfilled for eighteen months. The Ninth Circuit, which must resolve the largest docket of the twelve regional appellate courts, currently has nine vacancies on a circuit with twenty eight active judges and for which the Judicial Conference has recommended the creation of nine additional judgeships. The Speedy Trial Act's …


Fostering Balance On The Federal Courts, Carl W. Tobias Jan 1998

Fostering Balance On The Federal Courts, Carl W. Tobias

Law Faculty Publications

During the 1992 presidential election campaign, Governor William Jefferson Clinton pledged to increase the numbers and percentages of women and minorities on the federal bench while appointing judges who are highly intelligent, demonstrate balanced judicial temperament, and exhibit a commitment to enforcing constitutional rights. The record of judicial selection that President Clinton compiled in his first term as Chief Executive shows that he honored these campaign commitments. President Clinton chose federal judges who make the judiciary's composition more closely resemble the American populace and who possess excellent qualifications.

The Clinton Administration named unprecedented numbers and percentages of very capable female …