ILNews

Judicial Conference: Southern District needs judge

Michael W. Hoskins
January 1, 2007
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A new permanent federal judgeship is needed in Indiana ;s Southern District of the U.S. District Court, according to the Judicial Conference of the United States.

The federal judicial policymaking group voted Tuesday to ask Congress to create 67 new federal judgeships – 15 for the Circuit courts and 52 for the District courts. The 7th Circuit Court of Appeals in Chicago isn ;t being considered for an increase, but a new judicial officer in the Southern District division would add one to the current roster of five – which has been the number since 1978. The Southern District also has eight magistrates. In comparison, the Northern District of Indiana has five judges, three magistrates, and a senior judge.

Congress has increased the number of District Court judges by 4 percent since 1990 but has not increased the number of circuit appellate judges even though case filings have risen about 55 percent in that period.

In other matters

• The conference also endorsed a 6- to 12-month pilot project allowing several courts to make digital audio recordings of courtroom proceedings publicly available online through the PACER (Public Access to Court Electronic Records) system. They have been available for purchase at clerks ; offices but not online. Locations of the courts haven ;t been established, but the plan says it will likely be up to the discretion of District judges and where judges volunteer to be included.

• Members also urged all federal courts using electronic dockets to end practices of creating "secret" dockets by making cases seemingly vanish online when sealed. Instead, the conference wants courts to clearly indicate when cases are sealed by using computer notices that say "case under seal" rather than "case does not exist."

• The conference also authorized and directed its Committee on Judicial Conduct and Disability to recommend guidelines and new rules for implementing the judicial disability statute in a uniform manner throughout the federal system. District Judge Sarah Evans Barker in Indianapolis was part of a committee that studied this issue and released a report in September. That report will now be used as guidance for what needs to be done.
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  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

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