These increases resulted primarily from appeals of decisions by the Board of Immigration Appeals, with the largest increase occurring in the Ninth Circuit. However, five temporary judgeships have lapsed, including two in 2004. The Judicial Conference of the United States, the national policymaking body for the federal courts,35 is the institutional entity within the judiciary that is responsible for making the judiciary's recommendations for new judgeships. Each state has at least one district court (there is also one district court in each of the District of Columbia and Puerto Rico). We are concerned about the impact a series of flat budgets, or actual declines, would have on federal court operations. While caseload statistics are important in evaluating a court's request for additional judgeships, the Judicial Conference also considers court-specific information that might affect the judgeship needs of a particular court. Proceedings of the Judicial Conference, March 15, 2011, p. 22. Judicial Conference of the United States, letter to the Honorable Lindsey Graham, Chairman, Senate Committee on the Judiciary, May 14, 2019, Appendix 3, California Eastern, Changes in Caseload and Judicial Officer Resources Since September 2017, p. 5. This total includes 10 temporary judgeships. The median ratio of district court judgeships to circuit court judgeships during the entire period (from 1891 through 2018) was 3.5. Miller chairs a subcommittee on judicial statistics for the conference’s Committee on Judicial Resources. (, The Role of Congress in Creating New Judgeships, Changes in the Number of U.S. Judges confirmed to these courts serve 10-year terms (unlike Article III district court judges who are appointed for life unless they voluntarily leave office or are removed from office by Congress). The Judicial Conference of the United States reviews biennially the judgeship needs of all U.S. Courts of Appeals and U.S. District Courts to determine if any of the courts require additional judges to administer civil and criminal justice in the federal court system. The Judicial Conference also recommended the creation of 5 permanent judgeships in the 9th Circuit Court of Appeals, which takes cases from Arizona, California, and Hawaii.

First, a court submits a detailed justification for additional judgeships to the Subcommittee on Judicial Statistics.40 The subcommittee then reviews and evaluates the court's request and prepares an initial recommendation that is given to both the court and the judicial council for the circuit where the requesting court is located.41. §331, at https://www.uscourts.gov/about-federal-courts/governance-judicial-conference/about-judicial-conference/judicial-conference. He appeared on behalf of the Judicial Conference of the United States, the national policy-making body of the federal Judiciary.

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