ABA reaffirms opposition to pending proposals to restructure Ninth Circuit

"We ... urge Members of Congress not to pursue legislation to divide the Ninth Circuit," wrote the ABA to the Senate Judiciary Committee on Sept. 20, "and instead to commit their time, energy and influence to enacting legislation that will provide the federal judiciary with the resources it needs to perform its adjudicatory functions efficiently and impartially to ensure that every litigant has an opportunity to have his or her case heard in a timely manner."

The ABA's written testimony [PDF] was provided in conjunction with the Senate hearing on proposals to split the Ninth Judicial Circuit. In its testimony, the ABA cited lack of need, financial expense, as well as expense to the administration of justice for its opposition. In 1972, the congressionally created Hruska Commission studied the federal appellate system and recommended division of both the Fifth and Ninth Circuits. While the ABA originally supported the recommendations, it rescinded that position in 1990 with respect to the Ninth Circuit because "procedural changes implemented during the preceding decade, in conjunction with other court management innovations, gave the Circuit the tools it needed to handle rising caseloads without sacrificing quality or timeliness."

United States Districts Courts

The ABA wrote, "Circuit restructuring should occur only if compelling empirical evidence demonstrates adjudicative or administrative dysfunction in a court so that it cannot continue to deliver quality justice and coherent, consistent circuit law in the face of an increasing workload." This standard, the testimony pointed out, was first suggested by the Judicial Conference of the United States in its Proposed Long Range Plan for the Federal Courts.

According to Ninth Circuit court caseload statistics compiled by the Administrative Office of the U.S. Courts, and the views of the vast majority of the Ninth Circuit's bench and bar, the strict standard to split the circuit is not met. "One of the reasons that the Ninth Circuit has been able to function so well even though its caseload keeps growing is because it has been on the forefront of utilizing technology to enhance administrative efficiency," wrote the ABA.

It is not the size of the Ninth Circuit but rather "insufficient resources and persistent vacancies" that prevent federal courts from operating at the most efficient levels, the statement notes. The Administrative Office of the U.S. Courts recently estimated that "start-up costs for a two-way split could run as much as $96 million," with annual costs of $13-$16 million. "It would be particularly troubling to incur this kind of national expense at a time when budget cuts have detrimentally affected the daily operations of the federal judiciary.... The potential cost of circuit restructuring, alone, counsels against division, absent verifiable compelling evidence of dysfunction."

Back to top