Federal courts struggle with judge shortages, delays rise for litigants

November 19, 2024 Robert Abruzzese, Courthouse Editor

The U.S. Eastern District of New York’s Brooklyn courthouse. Brooklyn Eagle photo by Rob Abruzzese

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Federal courts across the country are facing severe case backlogs due to a growing shortage of Article III judges, with litigants waiting years for resolutions in critical civil matters such as copyright, antitrust, and contract disputes.

Over the past 20 years, the number of civil cases pending for more than three years has skyrocketed by 346%, from 18,280 in 2004 to 81,617 in 2024.

“Justice delayed is justice denied,” said Judge Timothy Corrigan of the Middle District of Florida. “With the volume we have and the shortage of judges, it makes resolving cases a very difficult proposition.”

In some courts, the average time between filing a civil case and reaching trial has stretched to three or four years, significantly increasing litigation costs and delaying justice for businesses and individuals alike. Criminal cases, which are prioritized under the Speedy Trial Act, are also experiencing longer timelines due to the growing complexity of electronic discovery.

“Electronic discovery has expanded the scope of evidence, which now takes far longer to review,” said Judge Kathleen Williams of the Southern District of Florida.

The impact is felt even more acutely in courts with high caseloads. Chief Judge Randy Crane of the Southern District of Texas described the current caseload as “crushing” and said there is an urgent need for more judgeships to alleviate delays.

The Eastern District of New York, which covers Brooklyn and Queens, is not immune to these pressures. As a major hub for complex financial and technological litigation, delays here could disrupt local businesses and slow the resolution of critical cases. The district already relies heavily on senior and visiting judges, but these measures are insufficient to address the growing caseload.

An Article III judge is a federal judge appointed under Article III of the U.S. Constitution, which grants them lifetime tenure, subject to good behavior, and protects their salaries from being reduced. These judges, who serve on the U.S. Supreme Court, Courts of Appeals, and District Courts, are nominated by the president and confirmed by the Senate.

The last comprehensive expansion of federal judgeships was enacted in 1990. This year, the Judicial Conference of the United States recommended adding 66 district court judgeships, converting seven temporary positions to permanent, and extending two temporary roles. The JUDGES Act, which addresses these recommendations, has passed the Senate and is awaiting action in the House.

Without additional judges, federal courts risk eroding public trust, said Crane. “Additional Article III judgeships are essential to the system’s well-being.”

The Eastern District of New York currently has 25 active and senior judges, with appointments spanning administrations from Ronald Reagan to Joe Biden. President Biden has appointed seven judges to the court, emphasizing increased judicial capacity and diversity. President Trump appointed four judges, while President Obama contributed six, including five active judges and one now serving in senior status.

The senior bench draws from even earlier appointments, with four judges named by George W. Bush, six by Bill Clinton and three by Ronald Reagan. The district’s longest-serving judge, I. Leo Glasser was appointed by Reagan in 1981 and has served for more than four decades.