Just as budgets matter, so does justice. The two are connected. Making sure we have enough judges in our federal courts will save dollars, not waste them.
The insufficient number of judges in our federal courts is costing our country in dollars and protracted litigation. Manpower and money are foolishly wasted. Record caseloads in many federal judicial districts cause trials to be delayed, especially civil cases. This is not good for the state of justice in our nation.
The fact that we don’t have enough judges to decide promptly the federal civil and criminal lawsuits in our country owes itself to the Congress and the president. Both have failed to create enough judgeships in high-caseload areas of the country, like California and the border courts in Texas. Both have failed to keep the process moving by timely providing capable, qualified individuals to fill judgeships as they open up due to retirement, death or resignations.
As a result our federal court system is bursting at the seams. With 12 percent of judgeships vacant, temporary judgeships expiring, and more courts in emergency mode than ever, there is an unprecedented crisis in our third branch of government. The phrase “justice delayed is justice denied” describes the dire situation in many federal courthouses. Judicial vacancies plainly undermine the capacity of our courts to render justice within a reasonable period of time.
Sadly, few Americans understand the impact these judicial vacancies have on their lives. Those of us who try federal cases know its impact in the continuance of cases for months, even years, without decision. Vacancies and delay add greater costs to already high litigation expenses. For business clients, these costs get passed on to customers. And when the United States is a party to the case, it means that the public is paying that higher tab.
For criminal defendants awaiting trial, it can mean more detention time, adding even more costs to the taxpayer. Just last year, the federal cost of pretrial detention alone was $1.4 billion, according to the Department of Justice.
At a recent forum sponsored by the Federal Bar Association and the Brookings Institution, Federal District Judge Royal Furgeson commented on the enormous impact that vacancies on the federal bench have on the pace of litigation and ultimately the American economy: The business of America is business, and when businesses can’t figure out if their patents are good, their contracts are good, they can’t figure out what to do about their tax situation, things bog down. Businesses need a strong rule of law and prompt rulings by judges. Vacancies desperately need to be filled; new judges desperately need to be added. We owe that to our citizens. We owe that to our Constitution. We owe that to the rule of law. And we owe it to the cause of justice.
Prompt and thoughtful justice, not endless delay, is what the American people expect from their legal system. It is what we deserve. It is what due process requires. And it is the most cost-efficient approach to the resolution of lawsuits in our nation’s courts.
Ashley L. Belleau is a lawyer in New Orleans and the national president of the Federal Bar Association.
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