Ninth Circuit UNITED STATES COURTS 2002 ANNUAL REPORT The Office of Circuit Executive would like to acknowledge the following for their contributions to the 2002 Annual Report: Chief Judge Mary M. Schroeder Clerk of Court Cathy Catterson Chief Pretrial Services Officer Tim McTighe Chief Probation Officer Sue Sorum Bankruptcy Appellate Panel Clerk Nancy Dickerson Inside front cover: Cover image is from the ceremonial courtroom of the Ninth Circuit Court of Appeals in San Francisco. TABLE OF CONTENTS Ninth Circuit Overview 3 Foreword, Chief Judge Mary M. Schroeder 7 An Overview of the Ninth Circuit 8 The Judicial Council and Administration of the Ninth Circuit 9 Judicial Council Organizational Chart 10 Judicial Policy Advisory Groups Committees of the Ninth Circuit 12 Ninth Circuit Makes Strides in Managing Capital Habeas Cases 14 Public Information and Community Outreach Committee 16 Judicial Wellness Committee Focuses on Judges’ Health and Well Being Transitions 18 New Judges in 2002 22 Deceased Judges Space and Security 24 Ninth Circuit Committee Tackles Space and Security Issues 27 Courthouse Construction Projects The Ninth Circuit in 2002 32 Summary of the Court of Appeals 35 Courts Adjust to Large Pro Se Caseload 37 Ninth Circuit Judicial Conference 40 International Relations 44 Alternative Dispute Resolution 45 Pretrial Services Carries Highest Caseload in Nation 48 Courts Rely on Probation Officers 52 Border Courts Lead Way in Federal Public Defender Cases Statistical Overview 56 Appellate Filings Reach Historic High 59 District Court Filings on Upswing 63 Bankruptcy Filings Rise 66 Bankruptcy Appeals Up 67 Cases Terminated by Magistrate Judges 68 Court Interpreter Usage / Juror Utilization Statistics 69 District Caseloads Annual Report 2002 1 JUDICIAL COUNCIL THE JUDICIAL COUNCIL OF THE NINTH CIRCUIT Front row: Chief District Judge William B. Shubb, Circuit Judge Alex Kozinski, Chief Circuit Judge Mary M. Schroeder, Circuit Judge A. Wallace Tashima, Circuit Judge Sidney R. Thomas. Back row: Senior District Judge Robert J. Bryan, Chief Bankruptcy Judge Edward D. Jellen, Chief District Judge Marilyn Hall Patel, Circuit Judge William A. Fletcher, Senior Circuit Judge Betty Binns Fletcher, Magistrate Judge Virginia A. Mathis, Senior District Judge Jack D. Shanstrom, Chief District Judge David A. Ezra MISSION STATEMENT United States Courts for the Ninth Circuit The Mission of the Judicial Council of the Ninth Circuit is to support the effective and expeditious administration of justice and the safeguarding of fairness in the administration of the courts within the circuit. To do so, it will promote the fair and prompt resolution of disputes, ensure the effective discharge of court business, prevent any form of invidious discrimination, and enhance public under- standing of, and confidence in, the judiciary. 2 Ninth Circuit United States Courts FOREWORDFORWARD FOREWORD Chief Judge Mary M. Schroeder ach year, the federal courts of the Ninth Circuit can be counted upon to decide any number of high-profile cases. While 2002 E was no exception, it ultimately may be remembered not for several big cases, but for thousands of smaller ones involving would- be immigrants to the United States. The Ninth Circuit Court of Appeals typically deals with several hundred immigration appeals every year. But in 2002, the court was swamped with such For the calendar year, the Court of Appeals received 12,388 appeals, appeals, resulting in an unpre- an increase of more than 23 percent from 2001, which, itself, was a record year for case filings. The vast majority of the additional cedented increase in case filings appeals involved Immigration and Naturalization Service (INS) and coloring virtually all of matters. INS-related filings numbered 3,672 in 2002, an increase the court’s annual statistics. of 302 percent from the prior year. The sudden influx skewed national totals. While the Ninth Circuit accounted for nearly 21 percent of the national appellate filings for 2002, it had almost 57 percent of INS cases and 51 percent of the administrative agency appeals filed last year. Behind this dramatic change was a Department of Justice directive to the Board of Immigration Appeals (BIA) of the INS to clear a backlog of pending appeals. Through expedited reviews, the BIA began terminating cases at a rapid rate, most frequently by denial of residency. Almost as quickly as the BIA closed these cases, they were appealed to the Ninth Circuit. On average, the Court of Appeals received 70 petitions for review of BIA decisions each week in 2002. Nearly all of the petitions for review included motions to stay depor- tation. Under existing Ninth Circuit case law, a temporary stay is automatically granted and a schedule set for timely agency response. However, in an indication that these cases may be with us for some time, the court has received numerous agency motions for extension of time to respond to orders, file briefs, and prepare the records. To provide flexibility to deal with so many cases, the court has adopted a general order that establishes a streamlined notification system and provides for oral extensions of the time limits set forth in the existing rules. Further amendments to the order may be made as warranted. Annual Report 2002 3 FOREWORD All told, the court met for a total of 441 panel days opinions in 20 of these cases, affirming five and in 2002. The court granted en banc review in 17 reversing or vacating 15. The Supreme Court’s rever- cases, hearing oral arguments in 16 and issuing sal rate for the 2001-02 term (when most of the written opinions in 14. Ninth Circuit cases were reviewed) was 76 percent for all circuits and 78 percent for the Ninth Circuit. The court’s burgeoning caseload was handled by an active appellate bench of 24 judges (with four District and Bankruptcy Courts vacancies), augmented by 21 senior circuit judges Continuing population growth and increasing law and, sitting by designation, both district judges from enforcement activity in two states bordering Mexico within the circuit and circuit judges from other have made the federal courts of the Ninth Circuit the circuits. Senior circuit judges continued to make a busiest in the nation. In 2002, district courts in the major contribution to court operations, sitting on circuit accounted for 18 percent of the total federal more than one-fifth of the circuit panels, serving on court caseload. Total case filings in the district courts circuit committees and task forces, and representing were 57,241, up 2 percent from the prior year. the circuit on national judicial committees. Due in part to a new crackdown on illegal firearms The infusion of INS cases caused administrative and a change in reporting procedures, criminal filings appeals to increase by 256 percent from the prior in the district courts rose 9 percent in 2002, slightly year. Administrative appeals ranked first among higher than the national increase of 8 percent. The sources of appeals with more than 31 percent of top two categories of criminal offenses were violations the total. Private prisoner petitions ranked second of immigration and drug laws, which accounted for with almost 19 percent, followed by private civil 35 and 23 percent, respectively, of the total criminal appeals with over 17 percent. The Central District cases. The District of Arizona and the Southern of California, the busiest judicial district in the District of California, which include segments of nation, continued to generate the largest number the United States-Mexico border, reported the of appeals for the court, 2,272 cases or 18.3 percent greatest numbers of immigration and drug offenses. of the total filings. Senior district judges made a major contribution to The Court of Appeals once again was faced with a the work of the district courts. Senior judges presided growing number of pro se cases, in which at least over trials, motions and law calendars, and other one party is self-represented. In 2002, pro se proceedings; accepted designations as visiting cases numbered 5,070, amounting to 41 percent judges in other districts; carried out administrative of all filings. The largest categories of pro se cases assignments; and served on a wide variety of judicial were private prisoner petitions (1,900 cases) and committees. District courts also relied heavily on the administrative appeals (1,200 cases), the latter work of just over 100 magistrate judges, who termi- again reflecting the large increase in INS cases. nated more than 17,000 civil cases and oversaw In 2002, the Supreme Court reviewed 23 cases disposition of some 18,000 cases involving misde- decided by the Ninth Circuit Court of Appeals in meanor and petty offenses. 2002 or earlier. The Supreme Court issued written 4 Ninth Circuit United States Courts FOREWORD Bankruptcy courts in the Ninth Circuit experienced The Ninth Circuit ended the year with four vacant a 2.2 percent rise in filings in 2002 to 282,594 judgeships among its district courts. In addition, cases. The increase was less than half of what was seven new judgeships created by the 21st Century reported nationally in 2002, which set a record for Department of Justice Appropriations Authorization the most bankruptcy filings in history. The largest Act, which became law in December, are authorized number of filings came under Chapter 7 of the to go into effect in July 2003. Five of the new Bankruptcy Code, totaling 229,465 (business and judgeships are permanent positions for the Southern non-business) and comprising 81.2 of all bankruptcy District of California, whose judges currently carry the cases in the circuit. A total of 51,075 Chapter 13 heaviest caseload in the country. Two are temporary cases (business and non-business) were filed in the judgeships, one each for the District of Arizona Ninth Circuit, amounting to 18.1 percent of the and the Central District of California, both of which total cases filed.