INDIANAPOLIS — A shortage of federal judges is causing delays in our justice system and is prompting Congress to take action.
However, federal legislation that would add 66 federal judgeships in overworked districts across the country is expected to hit a major roadblock in the form of a presidential veto.
Chief Judge Tanya Walton Pratt is a federal judge in the Southern District of Indiana, which covers 60 counties.
She’s been a federal judge for 14 years, and in that time, Pratt has seen her caseloads grow.
Currently, her docket has more than 600 pending civil and criminal cases. She says litigants feel the impact.
“It’s just the access to justice,” said Chief Judge Pratt. “We just have a really heavy caseload."
The Southern District currently has seven judges— including four active judges and three senior judges.
Federal courts handle everything from civil rights violations to bankruptcy, as well as immigration, federal taxes, labor rights and business contract disputes.
"The strain of operating in excess of full capacity for an extended period of time continues to exhaust the ability of judges and staff to respond in a timely and appropriate fashion to the cases that are filed here and further hinders the court’s ability to respond to its caseload efficiently,” said Chief Judge Pratt. “In the end, it is the litigants of the Southern District of Indiana who suffer when there is a delay in deciding their cases.”
WRTV Investigates asked the Southern District of Indiana how long, on average, it takes to resolve criminal and civil cases.
However, the Southern District of Indiana does not track that information.
“We do try to move criminal cases along,” said Chief Judge Pratt. “There is a federal speedy trial act. If there’s a civil case set the same day as a criminal trial, the criminal trial is the trial that will go even if it’s not as old."
Chief Judge Pratt estimates civil cases take around three years.
“The average time is probably three years,” said Chief Judge Pratt. “The goal is to complete the case within three years and no pending motion for more than six months. That’s the goal we work toward. Sometimes we are successful and sometimes not.”
A national report shows the number of civil cases pending more than three years increased 14 percent from 71,425 on September 30, 2023, to 81,617 on March 31, 2024.
The Southern District of Indiana is urging President Joe Biden to sign the JUDGES Act, which would add two new circuit judgeships and 66 district judgeships including one for the Southern District of Indiana.
"It's long overdue and very much needed,” said Chief Judge Pratt.
U.S. Senator Todd Young, R-Indiana, introduced the JUDGES Act which passed the Senate unanimously.
“Millions of Americans are being denied access to our justice system,” Young told WRTV Investigates. “There are too many cases, too few judges and therefore it takes too long for cases to be heard.”
Young said he’s hearing from his constituents about the federal judicial shortage.
“I’m hearing from their advocates, attorneys in particular,” said Sen. Young. “The judges are overworked."
Appointments of federal judges are a political hot potato.
WRTV Investigates found all of Indiana’s House Republicans voted Yes to the JUDGES Act on December 12, but House Democrats Frank Mrvan and Andre Carson voted no.
Click here to see how lawmakers voted on the JUDGES Act.
President Joe Biden is expected to veto the bill. His office pointed out that the House only took up the bill after the election.
"The bill would create new judgeships in states where Senators have sought to hold open existing judicial vacancies,” read the statement. “The efforts to hold open vacancies suggest that concerns about judicial economy and caseloads are not the true motivating force behind passage of this bill now."
Click here to read the full statement.
Sen. Young says President Biden does not want incoming President Trump to nominate and have confirmed more than 20 judges.
“President Trump would get 22 new judges, 44 judges under our legislation would be appointed by other presidents moving forward,” said Sen. Young. “This was the deal. We didn’t know President Trump was going to be elected president at the time this legislation began moving."
Congress has not authorized new judgeships in more than 20 years, and comprehensive judgeship legislation has not been enacted since 1990 – the longest period of time that Congress has not authorized new permanent district court judgeships since district courts were established in 1789, according to Young’s office.
Young says if the JUDGES Act doesn’t pass, Indiana’s attorney shortage will get worse, which is a problem WRTV Investigates has uncovered.
“We have a shortage of attorneys in this state and other states as you’ve reported,” said Young. “So many people become attorneys because they want to solve problems, and we lose the good ones because they can’t resolve the issues and get into courts of law. That’s a shame."
Chief Judge Pratt says if the Southern District fills a judicial vacancy and adds another judgeship, it would bring her caseload to a more manageable level.
We would probably get down to 400 cases which would be fantastic,” said Chief Judge Pratt. “In the 14 years I've been here, it's never been that low."
Chief Judge Pratt said finding capable judges is not the issue.
“There are plenty of qualified lawyers who could become judges,” said Pratt. “The problem Congress has not in the last two decades since they’ve authorized any new federal judges period. Meanwhile, the caseloads continue to rise.”
WATCH | Serious attorney shortage in Indiana
