Chief justice encourages end to judicial vacancies

January 3, 2011
Back to TopCommentsE-mailPrintBookmark and Share

It’s a recurring problem and one the chief justice of the United States Supreme Court would like to see end as quickly as possible: numerous judicial vacancies.

In his annual year-end report, Chief Justice John Roberts cites these vacancies as one of the immediate obstacles in preventing the judiciary from achieving the goals spelled out in the “Strategic Plan for the Federal Judiciary.”

The chief justice is quick to point out that the judiciary respects the nomination process, but that there is a “persistent problem” in the process of filling these vacancies.

“Each political party has found it easy to turn on a dime from decrying to defending the blocking of judicial nominations, depending on their changing political fortunes,” he writes. “This has created acute difficulties for some judicial districts.”

While heartened by the recent rash of confirmations by the Senate, he urges a solution between the political parties for this recurring problem.

We saw this political battling first-hand with the nomination and eventual confirmation of Judge David F. Hamilton to the 7th Circuit Court of Appeals. Judge Hamilton, then a U.S. District Judge in the Southern District of Indiana, was nominated by President Barack Obama in February 2009, and was confirmed by the Senate Judiciary Committee in June 2009. But Republican members used rules to hold up a vote before the full Senate for several months before he was finally confirmed Nov. 19, 2009.  

Judge Hamilton was taking over a vacancy on the 7th Circuit left when Judge Kenneth Ripple took senior status in September 2008.

This type of delay is happening in Circuit and District courts across the country. It’s nothing new. But when these political battles or standoffs happen, they affect a lot of people. Not only do they impact the judges and court staff in these courts with the vacancies, who are forced to keep up with caseloads, but it affects those who will appear in those courts.

I don’t see an end to this any time soon, do you?

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

ADVERTISEMENT