Chief justice encourages end to judicial vacancies

January 3, 2011
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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?

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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