Is the U.S. Justice System Overwhelmed? Exploring the Need for More Judges

Gavel and scales of justice on desk.

The U.S. federal courts are struggling under a heavy backlog of cases, prompting an urgent call for more judges to maintain justice effectively.

Key Takeaways

  • Judge Timothy M. Tymkovich emphasized the need for additional federal judges to handle expanding caseloads.
  • President Joe Biden vetoed legislation that aimed to increase the number of federal judgeships.
  • The Judicial Conference highlighted significant increases in case delays and costs due to insufficient judgeships.
  • A House Judiciary Subcommittee hearing will address the crisis of undermanned federal courts.
  • The judiciary recommends 68 new judgeships to address the current backlog.

The Current State of Federal Courts

The United States federal courts are facing a daunting backlog of cases, leading to extensive delays in both criminal and civil case resolutions. Judge Timothy M. Tymkovich of the Tenth Circuit addressed Congress, underscoring the critical need for additional judgeships. Tymkovich spoke on behalf of the Judicial Conference, detailing the significant impact of these delays, which threaten public trust in the justice system.

Filings in district courts have surged by 30% since 1990, while authorized judgeships have only seen a minor 4% increase since 1991. The backlog leads to a rise in litigation costs and hinders access to justice. In a lengthy period from 2004 to 2024, civil cases pending for over three years skyrocketed by 346%. These delays and associated issues highlight the need for legislative action.

Legislative Intervention and Recommendations

Earlier requests for more judgeships were reiterated by the federal judiciary, noting an urgent requirement. President Joe Biden, however, vetoed proposed legislation that would have increased the number of federal judgeships. This legislation aimed to alleviate the burden on federal courts, indicating a contentious divide over the best course of action.

Looking to the future, the Judicial Conference recommended adding two judgeships to the courts of appeals and sixty-six to district courts, alongside converting some temporary positions to permanent roles. These recommendations come from a detailed formal survey process that assesses judgeship needs based on empirical standards and current workload.

Hearing to Address the Crisis

The House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled “Justice Delayed: The Crisis of Undermanned Federal Courts” on February 25, 2024. This hearing delves into the broad impacts of judge shortages on the justice system. Judge Timothy Tymkovich testified once more to advocate for the creation of new judgeships to address the crisis. His previous testimonies underscored the need for immediate legislative action.

Significant delays undermine public confidence in the justice process, posing access to justice issues and elevating costs for litigants. The judicial system’s capacity strains showcase a critical need for bolstering the number of judges, as cited by comprehensive statistical data published in the Federal Court Management Statistics.

Sources:

  1. Federal Judiciary Repeats Request For More Judges – Law360
  2. Justice Delayed: The Crisis of Undermanned Federal Courts | House Judiciary Committee Republicans