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WHEREAS, federal courts play a critical role for our nation and our communities. Courts - the infrastructure of justice - are just as important to the rule of law as roads and bridges are to transportation. Making our courts fully functional is an issue of good government.
WHEREAS, a serious vacancy crisis is damaging the federal court system: more than 10% of lower federal courts are now or will soon be vacant. Judicial emergencies are putting an unprecedented strain on the judiciary. Judges are forced to delay civil cases, often for years, resulting in long delays for Americans seeking justice in cases involving discrimination, civil rights, predatory lending practices, consumer fraud, immigrant rights, the environment, government benefits, business contracts, mergers, copyright infringement, and more.
WHEREAS, due to the judicial vacancy crisis, many plaintiffs are forced into inadequate settlements, and small businesses are pressured to make unnecessary settlements to end the expense and uncertainty of litigation.
WHEREAS, federal judges have reported being forced to handle criminal caseloads more than double what they confronted two years ago, limiting the access people have to the judicial system, often resulting in exasperating delays.
WHEREAS, federal law requires federal district court judges to give precedence to criminal cases over civil, such that judicial time for civil cases suffers disproportionately as the number of criminal cases increases.
WHEREAS, Judges are so overwhelmed that in March, 2011, the Judicial Conference of the United States recommended that Congress create nine new circuit court seats and 79 new district court seats.
WHEREAS, the seriousness of the problem has prompted widespread nonpartisan calls for the Senate to end the gridlock and address the vacancy crisis. Last fall, Senators Casey and Toomey worked with their respective parties and successfully got the Senate to vote on three long-stalled nominees, providing relief to central and western Pennsylvanians seeking their day in court. But, very little action on this critical issue has occurred since. Senate inaction is compromising the judiciary's constitutional responsibility to protect and preserve our liberties.
WHEREAS, the level of filibusters of district court nominations is unprecedented. Before President Obama was elected, cloture had only been filed on three district court nominees over the past sixty years. So far, cloture has been filed on nineteen of President Obama's district court nominees in order to end filibusters.
WHEREAS, this will of council will be sent to Senators Casey and Toomey, the Senate Judiciary Committee, and the President.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of Pittsburgh supports a strong judiciary, and calls on Pennsylvania Senators Bob Casey and Pat Toomey to recommend qualified nominees to the White House and work with their colleagues to fill the eight federal judicial vacancies in the state of Pennsylvania before the end of the year.