COURTS FOR THE NINTH CIRCUIT

United States Courts for the Ninth Circuit 2020 ANNUAL REPORT

2020 Annual Report The image above and the covers of this report depict all of the participants in the reading of the Constitution on Constitution Day in September 2020. You can read more about this event on page 46 of this report.

The Office of the Circuit Executive would like to acknowledge the following for their contributions to the 2020 Ninth Circuit Annual Report:

The Honorable Sidney R. Thomas, Chief Judge, U.S. Court of Appeals for the Ninth Circuit The Honorable Anthony J. Battaglia, Senior District Judge, U.S. District Court, Southern District of California The Honorable Miranda M. Du, Chief District Judge, U.S. District Court, District of Nevada The Honorable Marsha J. Pechman, Senior District Judge, U.S. District Court, Western District of Washington Elizabeth A. Smith, Circuit Executive, Office of the Circuit Executive, U.S. Courts for the Ninth Circuit Molly C. Dwyer, Clerk of Court, U.S. Court of Appeals for the Ninth Circuit Kathleen J. Campbell, Executive Officer/Clerk of Court, U.S. Bankruptcy Court, Central District of California Debra D. Lucas, District Court Executive/Clerk of Court, U.S. District Court, District of Arizona Susan M. Spraul, Clerk, Ninth Circuit Bankruptcy Appellate Panel Gina Faubion, Chief Pretrial Services Officer, Eastern District of California Jonathan K. Skedeleski, Chief Probation Officer, District of Heather E. Williams, Federal Public Defender, Eastern District of California Lisa S. Christensen, Human Resources Specialist and Community Outreach Coordinator, Southern District of California The Judicial Council of the Ninth Circuit

Mission Statement

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 understanding of, and confidence in, the judiciary.

The Judicial Council of the Ninth Circuit

Chief Circuit Judge Sidney R. Thomas, Circuit Judge Mary H. Murguia, Senior Circuit Judge N. Randy Smith, Circuit Judge , Circuit Judge Sandra S. Ikuta, Circuit Judge Michelle T. Friedland, Chief District Judge Ricardo S. Martinez (WA-Western), Senior District Judge Phyllis J. Hamilton (CA-Northern), Chief District Judge Philip S. Gutierrez (CA-Central), Chief District Judge (MT), Senior District Judge Ronald S.W. Lew (CA-Central), District Judge Rosanna Malouf Peterson (WA-Eastern), Chief District Judge J. Michael Seabright (HI), Chief Bankruptcy Judge Brenda Moody Whinery (AZ), Magistrate Judge Stacie F. Beckerman (OR), District Clerk John P. Morrill (CA-Southern), Bankruptcy Clerk Kathleen J. Campbell (CA-Central), Chief Probation Officer Jonathan Skedeleski (HI) and Chief Pretrial Services Officer Gina Faubion (CA-Eastern). Table of Contents

NINTH CIRCUIT OVERVIEW NINTH CIRCUIT HIGHLIGHTS continued Foreword 1 Ninth Circuit Participates in Constitution Day 46 Ninth Circuit Overview 4 Reading Led by Eastern District of California Judicial Council, Advisory 6 Chief Judge Emeritus J. Clifford Wallace 47 Groups and Administration Celebrates 50 Years on the Bench Awards and Recognitions 49 JUDICIAL TRANSITIONS Administrative Changes 50 New Judges 9 Ninth Circuit Fairness Committee 52 Examines Compassionate Release Senior Judges 15 Sentence Mitigation Beneficiaries Spend 55 In Memoriam 16 Holidays at Home Instead of in Prison In Memoriam: Senior Circuit Judge Jerome Farris 19 In Memoriam: Senior Circuit Judge 21 SPACE AND SECURITY Raymond C. Fisher Space and Facilities Unit Projects on Track 56 Despite COVID-19 Challenges NINTH CIRCUIT HIGHLIGHTS Physical Security Efforts Gather Momentum 59 Tough Year Brings Challenges; 23 Courts Rise to Meet Them Jury Trials During the COVID-19 Pandemic 25 WORK OF THE COURTS Justice Goes High Tech in Western 27 Court of Appeals Filings and Case 60 District of Washington Terminations Increase as Pending Cases Decline Courthouse Display Illustrates Value 28 and History of Courtroom Sketch Artists District Courts See Slight Decline in Total 64 Filings Criminal Defendants and their Counsel, 30 the Criminal Justice Act and the First Step Act Bankruptcy Courts See Strong Downturn 69 in Filings Across the Board Community Outreach – A Year in Transition 33 BAP Sees Jump in Pro Se Caseload While 72 Ninth Circuit Continues Its Efforts to 37 Navigating Pandemic Ensure a Healthy and Positive Workplace Magistrate Judges Persevere During 74 Congress Weighs Judge and Courthouse 39 COVID-19 Security Bills Federal Defenders Carry Out Their 76 Pacific Islands Committee Delivers Live 40 Constitutional Duties During Pandemic Trainings During the COVID-19 Pandemic Probation Offices Face COVID-19 79 Ninth Circuit Technology Experts, Court 41 Challenges Executives and Judges Participate in First Virtual IT Conference Pretrial Services Offices Experience 82 Impact of COVID-19 New Law Clerks Orientation Goes Virtual 43 Juror Utilization 85 Ninth Circuit Holds First Virtual 44 En Banc Sessions Interpreter Usage by District Courts 86 District Caseloads 87

2 Foreword

COVID-19 pandemic presented serious The challenges to court operations throughout the Ninth Circuit. However, through the determined and innovative work of our judges and staff, our courts continued to function and deliver Chief Judge justice. With the use of video, and the SIDNEY R. THOMAS implementation of health safeguards, we were able to protect judges, employees, litigants and the public, while also upholding our constitutional responsibilities. I could not be prouder of our judges and court employees. As the Ninth Circuit continues to navigate the impact of COVID-19 on the courts, I want to assure you that the health, well-being and safety of the community is our highest priority.

On the court of appeals, oral standing practice of transparency of all immigration appeals in the arguments continued without by livestreaming oral arguments United States. interruption via video. We were and archiving all video arguments fortunate to have had long on the court’s website. Our There were 59,995 new filings experience with video arguments court held 1,034 fully remote in our district courts, down 9.1% and streaming. The first remote arguments hearings between from the previous fiscal year. video arguments in our circuit March 23 and December 31, Bankruptcy filings in the circuit were held in 1998. We became including en banc hearings. One numbered 102,876, down 17.9%. the first court to livestream all en banc case heard in March was All bankruptcy courts in the oral arguments in 2014, and we viewed live by 3,600 viewers. The circuit reported fewer filings in began archiving those arguments total watch count for that case FY 2020. in 2015. There are now was over 21,000. approximately 9,000 archived I want to acknowledge the videos of oral arguments, which In a year like no other, our court contributions of the chief have been viewed over 4.3 of appeals continued to be the judges, court unit executives, million times. With this electronic nation’s busiest federal appellate and our judicial council circuit experience, our court was court, with 10,400 appeals committees during these uniquely positioned to function commenced in fiscal year 2020— challenging times. The level during the pandemic crisis, with up 2.9% from FY 2019. We of collaboration and creative attorneys and judges appearing received 3,048 new petitions for problem solving, particularly for oral arguments remotely. In review of decisions by the Board as it relates to technology addition, we continued our long- of Immigration Appeals—50.2% driven solutions, has been very impressive. I want to extend my have released more than 435,000 Despite pandemic limitations appreciation to all employees square feet of space as of Dec. 31, posed by school closures within the circuit for their 2020, with a resulting annual rent and distance learning, the dedication and commitment to savings of $13.4 million. circuit’s Public Information the mission of the courts during and Community Outreach the pandemic. The pandemic also presented Committee continued its efforts challenges to maintaining with the annual circuit-wide At the onset of the pandemic, a healthy and productive essay and video contest for high I asked the Ninth Circuit Jury workplace. Our Committee school students. All told, nearly Trial Improvement Committee on Workplace Environment, 1,000 young people entered to provide recommendations chaired by Ninth Circuit Judge the contest. “The Right to Vote: on how to resume jury trials at M. Margaret McKeown, initiated Milestone Anniversaries” was the the appropriate time. On short a series of town hall meetings theme of the contest. Students notice, the committee developed for Ninth Circuit law clerks and in grades 9-12 in public, private extensive recommendations staff to keep people connected and parochial schools and home- for the resumption of jury and informed. During the first schooled students of equivalent trials using appropriate health town hall meeting, key circuit grade status were challenged protocols, many of which were leaders—Elizabeth A. Smith, to write an essay or produce a adopted nationally. District circuit executive; Molly Dwyer, short video with the questions and bankruptcy courts in the clerk of court; Yohance Edwards, presented: “In the wake of the circuit implemented these director of workplace relations; 15th and 19th Amendments, recommendations, utilizing and Laura Apperson, director barriers remained to prevent multiple audio and video of human resources—described United States citizens from conferencing technologies how different chambers have voting. Do formal or informal to conduct oral arguments, coped with working remotely; barriers remain today? What preliminary hearings, how the court is handling additional changes would you arraignments, misdemeanor upcoming video calendars; what make, if any, to Americans’ voting sentencing and even trials, the circuit is doing to facilitate rights?” remotely. I am indebted to the working from home; tips and committee and its chair, Senior suggested tools for managing and In addition to the civics contest, District Judge Anthony Battaglia, resources available for IT; case a number of judges held Zoom for their tireless efforts. management and mental health. sessions teaching students in The committee also continued its virtual classrooms about the Despite the restrictions dedicated work to maintain and federal courts and the rule of law. imposed by the pandemic, we improve workplace environments This year did not permit us to made tremendous progress in throughout the circuit. be involved with naturalization implementing our Circuit Space ceremonies in ballparks. However, Management Plan, which was The Ninth Circuit’s Wellness some of our judges did officiate developed in response to the Committee, chaired by District in naturalization ceremonies national space reduction effort. Judge Phyllis J. Hamilton, that took place in parking lots, The circuit has completed the provided resources and where our new citizens took their 83 projects originally included innovative ideas to help stay well oaths standing next to their car in the national plan. I am pleased and thrive during the pandemic. or sitting in their car with their to report that since the start The committee provided masks on, or other open public of that program in 2013 by our recommendations on stress and spaces where they took their Space and Security Committee, life-style management during oaths standing six feet apart with courts within the Ninth Circuit COVID-19 restrictions. their masks on.

2 The Magistrate Judges Executive of California; Pedro V. Castillo and in the face of a global pandemic. I Board continued to explore Patricia Donahue of the Central hope you find this report useful in opportunities for improving District of California; and Alex G. providing information about the magistrate judge utilization Tse of the Northern District of work of our federal courts that across the Ninth Circuit. They California. continued despite the impact of also shared information and COVID-19. best practices as their courts It is my honor and privilege to adapted to the COVID-19 pay tribute to the extraordinary pandemic. Members shared their 50-year judicial career of Chief experience with how their courts Judge Emeritus J. Clifford were handling video settlement Wallace, who still takes half of a conferences, arrest warrants full caseload as a senior circuit and summonses, and Central judge. Judge Wallace has had an Violations Bureau procedures, enormous and positive impact on among other practices amidst the the administration of justice in the pandemic. West, the nation and the world.

A number of new colleagues This year, Circuit Judge Johnnie joined us last year. Circuit Judge B. Rawlinson was honored by the Lawrence VanDyke, who was Women’s Chamber of Commerce confirmed in 2019, took his oath of Nevada and inducted in the of office in 2020. The circuit Nevada Women’s Hall of Fame. welcomed eight new district She was awarded the Minority judges: District Judge Joshua Lifetime Achievement award on M. Kindred of the District of March 27, 2020. Circuit Judge M. Alaska; District Judges John C. Margaret McKeown was elected Hinderaker and Scott H. Rash of to the American Academy of Arts the District of Arizona; District and Sciences on April 23, 2020. Judges Fernando L. Aenlle-Rocha, Stanley Blumenfeld, Jr., John W. The court of appeals mourned the Holcomb, and Mark C. Scarsi of passing of Senior Circuit Judge the Central District of California; Raymond C. Fisher, who died on and District Judge Todd W. Feb. 29, 2020, at the age of 80, Robinson of the Southern District and the passing of Senior Circuit of California; three bankruptcy Judge Jerome Farris on July 23, judges: Natalie M. Cox of the 2020, at the age of 90. Both will District of Nevada, Noah G. be sorely missed. A complete Hillen of the District of Idaho list of judges and esteemed and Jennifer E. Niemann of the colleagues the court family lost in Eastern District of California; and 2020 is on page 16 of this report. seven magistrate judges: Michael Finally, I want to congratulate T. Morrissey of the District our judges and staff for their of Arizona; Helena M. Barch- willingness to fulfill their Kuchta of the Eastern District of responsibilities and carry on California; Michael J. Bordallo of their outstanding contributions the District of Guam; Daniel E. to the administration of justice Butcher of the Southern District

3 Ninth Circuit Overview

The United States Courts for the Federal courts also rely on senior In 2020, bankruptcy courts in the Ninth Circuit consists of the U.S. circuit and senior district judges Ninth Circuit were authorized 68 Court of Appeals for the Ninth to assist with their workload. permanent and four temporary Circuit, the federal district and These are Article III judges who judgeships. The district courts bankruptcy courts within its 15 are eligible to retire but have were authorized 106 full-time and judicial districts and associated chosen to continue working 6 part-time magistrate judges, and administrative units that provide with reduced caseloads. On the one combined position of part- various services to the courts. Ninth Circuit Court of Appeals, time magistrate judge/clerk of 19 senior circuit judges were court. Several courts also utilized Judicial districts under the at work for most of the year, recalled bankruptcy and recalled jurisdiction of the Ninth Circuit sitting on motions and merits magistrate judges. include the districts of Alaska, panels, submitting briefs, serving Arizona, Central California, on circuit and national judicial Overall, the Ninth Circuit Court Eastern California, Northern committees, and performing a of Appeals saw an increase in California, Southern California, variety of administrative matters. its caseload, while the circuit’s Hawaii, Idaho, , Nevada, In the district courts within the district and bankruptcy courts had Oregon, Eastern Washington, circuit, 71 senior judges were at fewer caseloads in 2020. Unless Western Washington, the work, hearing cases, presiding over otherwise noted, statistics in this U.S. Territory of Guam and procedural matters, serving on report cover fiscal year 2020 the Commonwealth of the committees and conducting other ending September 30. Northern Mariana Islands. The business in 2020. establishment of the Ninth Circuit in 1866 began the development In addition to Article III judges, of the federal judicial system for the federal bench includes Article the western United States. It is the I judges, who serve as magistrate largest and busiest federal circuit judges in the district courts in the U.S. today. and bankruptcy judges in the bankruptcy courts. Bankruptcy Judges serving on the court of judges are appointed by judges of appeals and district courts are the courts of appeals and serve known as Article III judges, a terms of 14 years. Magistrate reference to the article in the judges are appointed by the judges Constitution establishing the of each district court and hold federal judiciary. Nominated by their positions for eight years. the president and confirmed Bankruptcy and magistrate judges by the Senate, Article III judges may be reappointed after the court serve lifetime appointments upon conducts a performance review good behavior. The Ninth Circuit and considers public comment Court of Appeals is authorized evaluations. 29 judgeships and ended 2020 without a vacancy, while the district courts of the circuit were authorized 112 judgeships, 20 of which were vacant at year’s end.

4 SUPREME COURT

COURTS OF APPEALS 12 Regional Circuits + Federal Circuit NINTH CIRCUIT 15 Districts 15 9 2 1 14 8 3 10 DC 12 10 7 6 4 Fed. 9 11 5 5 11 4

3 6 2

1

13 7 8

1 Alaska 6 Southern California 11 Nevada 2 Arizona 7 Guam 12 Oregon 3 Central California 8 Hawaii 13 Northern Mariana Islands 4 Eastern California 9 Idaho 14 Eastern Washington 5 Northern California 10 Montana 15 Western Washington

Ninth Circuit Article III & Article I Judges Authorized Judgeships as of December 31, 2020

Circuit Judges District Judges Bankruptcy Judges Magistrate Judges 29 112 68 106 Full-time 20 Vacancies 1 Temporary 6 Part-time 1 Combination*

* The District of Northern Mariana Islands is authorized a combined magistrate judge/clerk of court position.

5 Judicial Council, Advisory Groups and Administration

The Judicial Council of the Ninth District of California and Chief chair of the conference in 2020. Circuit is the governing body for District Judge Brian Morris of Chief District Judge J. Michael federal district and bankruptcy the District of Montana. New Seabright of the District of Hawaii courts in nine western states and observers are Chief District Judge succeeded her as chair. two Pacific island jurisdictions. J. Michael Seabright of the District The judicial council’s statutory of Hawaii; Chief Bankruptcy Judge Conference of Chief Bankruptcy mission is to support the effective Brenda Moody Whinery of the Judges and expeditious administration District of Arizona; Magistrate The Conference of Chief of justice and the safeguarding Judge Stacie Beckerman of the Bankruptcy Judges advises the of fairness in the administration District of Oregon; District Court Judicial Council of the Ninth of the courts. It has statutory Clerk John Morrill of the Southern Circuit on the administration of authority to “make all necessary District of California; Bankruptcy bankruptcy courts within the and appropriate orders for Court Clerk Kathleen J. Campbell circuit. The conference, which also the effective and expeditious of the Central District of meets twice per year, consists of administration of justice within its California; Chief Probation Officer chief bankruptcy judges from each circuit,” [28 U.S.C. § 332(d)(1)]. Jonathan Skedeleski of the District district, the chief bankruptcy judge of Hawaii; and Chief Pretrial of the Ninth Circuit Bankruptcy The judicial council also has been Services Officer Gina Faubion of Appellate Panel and a recalled delegated responsibilities by the the Eastern District of California. bankruptcy judge representative. Judicial Conference of the United Chief Bankruptcy Judge States, the national governing Under the Rules for Judicial- Frederick Corbit of the Eastern body for the federal courts. These Conduct and Judicial-Disability District of Washington chaired responsibilities include authorizing Proceedings, the Judicial Council the conference in 2020. Chief senior judge staffing levels and of the Ninth Circuit considers Bankruptcy Judge Brenda Moody pay and managing the judicial petitions for review of the Whinery of the District of Arizona misconduct complaint process. chief judge’s orders in judicial succeeded him as chair. misconduct complaints. In 2019, The judicial council is chaired by there were13 petitions for review Magistrate Judges Executive the chief judge of the circuit and filed, all of which were resolved by Board relies on advisory groups and the judicial council. committees to accomplish its The Magistrate Judges Executive governance goals. Chairs of three Conference of Chief District Board communicates to the advisory groups attend council Judges Judicial Council of the Ninth meetings as observers. Committee Circuit on behalf of the more The Conference of Chief District chairs submit reports to the than 120 full-time, part-time Judges advises the Judicial council for each of the council and recalled magistrate judges Council of the Ninth Circuit meetings. serving in the district courts. The regarding the administration of 15-member board meets twice a justice in the circuit’s 15 district In 2020, the Judicial Council of year and holds a session with all courts. The conference, which the Ninth Circuit had three new magistrate judges at the Ninth meets twice a year, is comprised voting members and seven new Circuit Judicial Conference. of the chief district judges of observers. New voting members Magistrate Judge Stacie F. each district. Chief District Judge are Circuit Judge Michelle T. Beckerman of the District of Phyllis J. Hamilton of the Northern Friedland, Chief District Judge Oregon succeeded Magistrate District of California served as Philip S. Gutierrez of the Central Judge Michelle Hamilton Burns

6 of the District of Arizona, who has served as chair of the board JUDICIAL COUNCIL since July 2018. of the NINTH CIRCUIT

Clerks of Court Daily management of the courts rests with the chief judges and Executive Office of the Circuit Executive Committee Elizabeth A. Smith, Circuit Executive clerks and/or district executives of the court of appeals and each of the district and bankruptcy courts of the circuit. The clerks’ Associations of Advisory & Standing offices process new cases and Judicial Officers Committees appeals, handle docketing • Conference of • Advisory Board functions, respond to procedural Chief District Judges • Alternative Dispute questions from the public and • Conference of Resolution bar and ensure adequate judicial Chief Bankruptcy Judges • Court-Council Committee staff resources. The clerk of the • Magistrate Judges on Bankruptcy Judge court for the court of appeals Executive Board Appointments • Federal Public Defenders also supervises the work of the • Fairness Circuit Mediation Office and the • Information Technology Office of the Staff Attorneys, • Jury Instructions which includes the research, Liaison Committees • Jury Trial Improvement motions, case management and • Ninth Circuit Judges • District Clerks Education pro se litigation units. The Office • Bankruptcy Clerks • Pacific Islands of the Appellate Commissioner, • Chief Probation Officers • Pro Se Litigation also in the Office of the Clerk • Chief Pretrial Services • Public Information and for the United States Court of Officers Community Outreach Appeals for the Ninth Circuit, • Space & Security • Wellness reviews Criminal Justice Act vouchers for cases the come before the court of appeals. Judicial Conference Executive Committee Ad Hoc Committees Associated Court Units • Lawyer Representatives Coordinating Committee • Cameras in the Courtroom Ninth Circuit courts also • Court of Appeals Security rely on several critical court- • Information Technology related agencies to ensure the Security fair administration of justice. • The Justice Anthony M. Kennedy Library & The district courts maintain Learning Center oversight of U.S. Probation and • Workplace Environment Pretrial Services offices. Pretrial services officers are responsible for background investigations and reports on defendants awaiting trial, while probation

7 officers supervise persons available to the bar and public with workplace misconduct and wish to convicted of federal crimes after the level of access determined by discuss or report such workplace their release into the community. local judges. misconduct. The office also All but one judicial district in the consults with judges, court unit circuit is served by either federal Office of the Circuit Executive executives and staff on workplace public defenders or community The Office of the Circuit Executive environment issues and concerns defenders, who represent provides staff support to the and provides support and expert financially eligible defendants Judicial Council of the Ninth advice on diversity, equity and unable to afford private counsel. Circuit and implements the inclusion matters. The office Such defendants in the District council’s administrative decisions oversees the development and of Northern Mariana Islands are and policies. By statute, the circuit execution of training programs on represented by private attorneys executive is the administrative workplace relations and conduct provided by the District of Guam assistant to the chief judge of for judges and employees. and paid through the federal the circuit and secretary to Criminal Justice Act. the judicial council. The circuit Lawyer Representatives executive and her staff assist in Judges of the Ninth Circuit Court Circuit Libraries identifying circuit-wide needs; of Appeals and of each of the The Ninth Circuit Library System conducting studies; developing 15 district courts of the circuit assists judges, attorneys, court and implementing policies; appoint lawyer representatives. staff and the public through a and providing training, public Lawyer representatives serve network of 22 law libraries housed information and human resources as a liaison between the federal in courthouses throughout the support. Circuit executive staff bench and bar, fostering open western states. The primary also coordinates building and communications between judges mission of court librarians is to information technology projects and lawyers and providing support provide research services to and advises the council on and advice in the functioning judges and their staff. Research procedural and ethical matters. of the courts within the circuit. librarians assist law clerks on The Office of the Circuit Executive Attorneys serving as lawyer case-related research by providing provides management and representatives work closely with guidance and recommendations, technical assistance to courts district, bankruptcy and magistrate offering training opportunities within the circuit upon request. It judges in their home districts. They and performing direct research on also administers the Ninth Circuit participate as members on various more complex topics. Ninth Circuit Judicial Conference. committees and help plan local librarians also conduct research to district conferences, often serving assist court executives and judges Office of Workplace Relations as speakers or facilitators. Lawyer in the administration of local The Office of Workplace Relations representatives also help plan the courts and on matters involving serves as a resource on workplace Ninth Circuit Judicial Conference, committees of the Judicial Council environment matters for the Ninth which is convened “for the purpose of the Ninth Circuit and the Circuit. The office implements of considering the business of Judicial Conference of the U.S. and provides guidance on the the courts and advising means of Librarians also produce a range of Employment Dispute Resolution improving the administration of publications and guides to inform (EDR) Policy and all other related justice within the circuit,” pursuant the court community and increase workplace policies. Office staff to 28 U.S.C. § 333. the efficiency of court researchers. serves as a contact for employees Library resources are made who experience or witness

8 JUDICIAL TRANSITIONS Stanley Blumenfeld, Jr., Jr., Blumenfeld, Stanley the by was confirmed United States Senate on Sept. 15, 2020, to serve as a district judge for the District Court for the U.S. District of Central California. He received Fernando L. Aenlle-Rocha Fernando by the was confirmed onUnited States Senate Dec. 20, 2020, to serve as a district the U.S. judge for theDistrict Court for District of Central his California. He received his judicial commission on Sept. 18, 2020. bench, Judge Prior to joining the federal as a judge of the Blumenfeld had served Angeles California Superior Court, Los since 2006. He engaged in private County, Angeles from 1993 to 2006. in Los practice U.S. Attorney in the Office of the He served District of California as a for the Central from 1993 attorney, special assistant U.S. attorney to 1996, and as an assistant U.S. from 1989 to 1996. Judge Blumenfeld of his B.A. from State University received Binghamton, in 1984, his M.A. , in 1985, and his University from New York judicial commission on Dec. 22, 2020. Priorjudicial commission bench, to the federal to his appointment as a judge Judge Aenlle-Rocha had served of the California Superior Court, Los in since 2017. He engaged Angeles County, Angeles from 1999 in Los private practice as an assistant U.S. to 2017. He served of District for the Central attorney Florida,California and Southern District of to 1994,from 1994 to 1999 and from 1990 as a Prior to that, he served respectively. for L.A.deputy district attorney County from 1987 to 1990. Judge Aenlle-Rocha his A.B. from Princeton University received of from the University in 1983 and his J.D. in 1986. School of Law, California, Berkeley, Angeles. He maintains chambers in Los District Judges District

confirmed by the United United by the confirmed Dec. 11, States Senate on as a circuit 2019, to serve Court judge for the U.S. Ninth of Appeals for the his Circuit. He received on judicial commission Lawrence VanDyke was was VanDyke Lawrence

Circuit Judge Circuit New Judges New Jan. 2, 2020. Prior to his appointment to to his appointment to Jan. 2, 2020. Prior as had served VanDyke the bench, Judge for the general deputy assistant attorney Environment Department of Justice’s U.S. Resources Division since and Natural as solicitor he served 2019. Previously, 2015- for the State of Nevada, general for the State of 2019; as solicitor general Montana, 2013-2014; and as an assistant in for the State of Texas solicitor general engaged in private 2012. Judge VanDyke 2007-2012, and in Dallas, Texas, practice He 2005-2006. D.C., in Washington, from and M.C.E.M. his B.S.E. received in 1997 and Montana State University from Bear his B.Th. 2000, respectively; Bible Institute in 2002; and his J.D. Valley School in 2005. He from Harvard Law maintains chambers in Reno. J.D. from the University of Arizona, James E. Rogers College Following law school, he clerked California, Los Angeles, School of of Law, in 1996. He served as a law for Bankruptcy Judge Ronald Law, in 1988. Following law school, clerk in the U.S. District Court for Barliant of the U.S. Bankruptcy he clerked for Circuit Judge the District of Arizona for District Court for the Northern District of Cynthia Holcomb Hall of the U.S. Judge John M. Roll in 1996 and for Illinois from 1993 to 1994. He Court of Appeals for the Ninth Magistrate Judge Raymond T. maintains chambers in Riverside. Circuit from 1988 to 1989. Judge Terlizzi from 1996 to 1998. Judge Blumenfeld maintains chambers in Hinderaker maintains chambers in Joshua M. Los Angeles. Tucson. Kindred was confirmed by the John C. John W. Holcomb United States Hinderaker was was confirmed by Senate on Feb. confirmed by the the United States 12, 2020, to United States Senate on Sept. serve as a district Senate on Sept. 15, 2020, to judge for the U.S. 23, 2020, to serve as a district District Court for the District of serve as a district judge for the U.S. Alaska. He received his judicial judge for the U.S. District Court for commission on Feb. 18, 2020. District Court for the District of the Central District of California. Prior to his appointment to the Arizona. He received his judicial He received his judicial commission bench, Judge Kindred had been a commission on Sept. 29, 2020. on Sept. 18, 2020. Before joining regional solicitor and a special Prior to his appointment to the the federal bench, Judge Holcomb assistant U.S. attorney, U.S. federal bench, Judge Hinderaker had been a partner at Greenberg Department of the Interior, in had served on the Arizona Gross LLP in Costa Mesa, Anchorage since 2018. Previously, Superior Court, Pima County, since California, since 2019. Previously, he served since 2013 as an 2018. Previously, he engaged in he was a sole practitioner in environmental counsel for Alaska private practice as an associate, Rancho Santa Margarita, Oil and Gas Association. He served then partner, at the Tucson law California. He was an associate as a Violent Crimes Unit firm of Lewis Roca Rothgerber then partner at Knobbe, Martens, supervisor then as an assistant Christie LLP from 1998 to 2003 Olson & Bear, LLP, in Irvine and district attorney for the State of and from 2003 to 2018, Newport Beach, California, from Alaska from 2008 to 2013. He respectively. Judge Hinderaker 1997 to 2001 and from 2002 to engaged in private practice as an was a research attorney for the 2018, respectively. Judge Holcomb associate at Lane Powell PC, in International Law Center for was an associate at Irell & Manella Anchorage from 2007 to 2008. Inter-American Free Trade in LLP, in Newport Beach, California, Judge Kindred received his B.A. Tucson in 1998. He received his from 1994 to 1997. He received a from the University of Alaska, B.A., with honors, in 1991 from the four-year Navy Reserve Officer Anchorage, in 2002 and his J.D. in University of California, Santa Training Corps scholarship to 2005 from Willamette University, Barbara, where he received the attend the Massachusetts Institute College of Law, where he was Golden Eagle Award for of Technology, where he received editor-in-chief of the Willamette Outstanding Student-Athlete for his B.S. in 1984. Following college, Law Review from 2004 to 2005. varsity men’s water polo in 1990. he served on active duty as a Following law school, he clerked Judge Hinderaker was an NCAA commissioned officer in the U.S. for Chief Justice Paul J. De Muniz semifinalist for men’s water polo in Navy from June 1984 to Aug. of the Oregon Supreme Court 1990. He attended the University 1989, when he separated from from 2005 to 2007. He maintains of Houston Law Center’s Mexican active duty as a lieutenant (O-3). In chambers in Anchorage. Legal Studies Program in the 1993, Judge Holcomb received his summer of 1994 and received his M.B.A. and J.D., cum laude, from J.D., magna cum laude and Order Harvard Business School and of the Coif, from the University of Harvard Law School, respectively.

10 Scott H. Rash was of California, where he began from 2003 to 2007, respectively. confirmed by the working in 1997. He served as Judge Scarsi was a summer United States deputy chief of the General Crimes associate then associate at Senate on May Section in 2007 and as an assistant Christie Parker & Hale LLP in 19, 2020, to U.S. attorney from 2005 to 2006 Pasadena, California, from 1994 to serve as a district and from 1997 to 2003. Judge 1996 and from 1996 to 1998, judge for the U.S. Robinson worked as an operations respectively. He had worked as an District Court for officer for the Central Intelligence engineer since 1987 at Martin the District of Arizona. He received Agency in 2004. Previously, he was Marietta which was acquired by his judicial commission on May 27, a trial attorney for the U.S. GE Aerospace then merged with 2020. Prior to joining the federal Department of Justice, Narcotic Lockheed Martin Corporation, bench, Judge Rash had served and Dangerous Drug Section, from where he continued to work as a since 2010 as a judge at Pima 1993 to 1997. Judge Robinson part-time engineer from 1993 to County Superior Court in Tucson, received his B.A. in 1989 from the 1994. Judge Scarsi received his Arizona, where he presided over University of California, Berkeley, B.S. and M.S. from Syracuse family law, civil and criminal where he was the captain of the University, School of Computer matters. He had been co-owner of varsity swimming team from 1988 and Information Science, in 1987 OVFP Building LLC in Tucson since to 1989. He participated in the U.S. and 1993, respectively. He 2013. Previously, Judge Rash Olympic trials for swimming in received his J.D., magna cum laude engaged in private practice as a 1998. Judge Robinson received his and Order of the Coif, in 1996 shareholder at Bossé Rollman, PC, J.D., cum laude, in 1993 from the from the Georgetown University (formerly known as Gabroy Georgetown University Law Law Center, where he received the Rollman & Bossé PC) in Tucson Center, where he was an associate Leon Robbin Patent Award in from 1999 to 2010. He served as editor of the Journal of Law and 1996. He maintains chambers in an assistant attorney general in the Policy in International Business Los Angeles. Arizona Attorney General’s Office from 1992 to 1993. He maintains in Tucson from 1992 to 1999. chambers in San Diego. Judge Rash received his B.S. from the University of Arizona in 1985 Mark C. Scarsi and his J.D. from the University of was confirmed by Arizona College of Law (now James the United States E. Rogers College of Law) in 1991. Senate on Sept. He maintains chambers in Tucson. 15, 2020, to serve as a district Todd W. judge for the U.S. Robinson was District Court for confirmed by the the Central District of California. United States He received his judicial Senate on Sept. commission on Sept. 18, 2020. 16, 2020, to Before joining the federal bench, serve as a district Judge Scarsi had been a partner at judge for the U.S. the Los Angeles law firm of District Court for the Southern Milbank, Tweed, Hadley & McCloy, District of California. He received LLP (now Milbank LLP) since 2007 his judicial commission on Sept. 18, and was the firm’s managing 2020. Prior to his appointment to partner beginning in 2013. the federal bench, Judge Robinson Previously, he was an associate had been a senior litigation counsel then partner with the law firm of since 2008 in the Office of the U.S. O’Melveny & Myers LLP in Los Attorney for the Southern District Angeles from 1998 to 2003 and

11 Bankruptcy Judges

Natalie M. Cox Noah G. Hillen Jennifer E. was appointed as was appointed as Niemann was a bankruptcy a bankruptcy appointed as a judge for the judge for the bankruptcy judge United States United States for the United Bankruptcy Bankruptcy States Court for the Court for the Bankruptcy District of District of Idaho Court for the Nevada on Jan. 27, 2020. Prior to on Aug. 31, 2020. Prior to joining Eastern District of California on her appointment to the federal the federal bench, Judge Hillen June 16, 2020. Before joining the bench, Judge Cox had served as an served as a Chapter 7 trustee and federal bench, Judge Niemann had assistant U.S. trustee in the Office attorney in Boise since 2014, been of counsel since 2012 at of the U.S. Trustee in Nashville, primarily in bankruptcy and Felderstein Fitzgerald Willoughby Tennessee, since April 2019. She commercial law. Previously, he was Pascuzzi & Rios LLP, in oversaw Chapter 7 and 11 cases, an associate attorney at Moffatt Sacramento, where she and supervised Chapter 7 trustees Thomas Barrett Rock & Fields represented business Chapter 11 since transferring to Nashville in Chtd., in Boise from 2010 to 2013, debtors in pre-bankruptcy 2017. Prior to being promoted to and an associate at Hall Farley consultation, filing the bankruptcy that position, Judge Cox was a trial Oberrecht & Blanton, PA, in Boise case, during the case and post- attorney beginning in 2015 in the from 2009 to 2010. Judge Hillen confirmation. The remainder of her Office of the U.S. Trustee’s field received his. B.A. from the College practice involved representing office in Wilmington, Delaware, of Idaho and his J.D. from the Chapter 11 trustees and creditors. where she oversaw and litigated University of Idaho College of Law. Previously, Judge Niemann worked Chapter 11 cases. Previously, she Following law school, he clerked at as a long-term law clerk for Judges engaged in private practice in Las Idaho’s Fourth Judicial District Thomas E. Carlson, Arthur S. Vegas as an associate then partner Court for Judge Joel D. Horton, Weissbrodt and James R. Grube of at Kolesar & Leatham, Chtd., from who was then elevated to the the U.S. Bankruptcy Court for the 2006 to 2008 and from 2008 to Idaho Supreme Court, where Northern District of California. 2015, respectively, and as an Judge Hillen continued his Judge Niemann engaged in private associate at Jolley Urga Wirth clerkship with Justice Horton until practice at Heller Ehrman White & Woodbury & Standish from 2001 2009. Judge Hillen maintains McAuliffe in and Los to 2005. Judge Cox attended chambers in Boise. Angeles and was a senior legal Austin Peay State University in auditor at Stuart, Maue, Mitchell & Clarksville, Tennessee, on a full James, Ltd., in St. Louis, Missouri. basketball scholarship, graduating She received her bachelor’s with a bachelor’s degree, summa degree, summa cum laude and Phi cum laude, in 1997. She received Beta Kappa, from the University of her J.D., cum laude, from the Illinois, Urbana-Champaign, in University of Nevada, William S. 1986 and her J.D. from Harvard Boyd School of Law, in 2001. She Law School in 1989. Judge maintains chambers in Las Vegas. Niemann maintains chambers in Fresno.

12 Magistrate Judges

Helena M. 1998. As a Guam jurist, he chaired litigated in the Ninth Circuit Barch-Kuchta the Guam judiciary’s Juvenile Court of Appeals and in the Civil was appointed as Justice Reform Focus Area on Division, where he defended the a magistrate Court Language and served as United States and its agents and judge for the co-chairperson of the Guam employees in civil litigation. Before United States judiciary’s subcommittees on Civil joining the U.S. Attorney’s Office, District Court for Jury Instructions and Alternative Judge Butcher was an associate the Eastern Dispute Resolution. Judge at Latham & Watkins LLP and a District of California on Nov. 1, Bordallo co-chaired the 2016- law clerk to District Judge Rudi M. 2020. Prior to her appointment to 2019 Strategic Plan Focus Area on Brewster in the Southern District the federal bench, Judge Barch- Access to Courts and Delivery of of California. He also served as Kuchta had served as a staff Services Committee, which focused a judge pro tempore for the San attorney for the U.S. District Court on improving pro se litigants’ access Diego County Superior Court and for the Middle District of Florida to the courts, and he served on the as a lawyer representative for the since 2018 and from 2003 to 2013. Guam Board of Law Examiners U.S. District Court for the Southern Previously, she served as a trial Drafting and Grading Committee. District of California. Judge attorney, from 2013 to 2017, in the Prior to joining the Guam judiciary, Butcher is a master in the Louis Civil Division of the Office of Judge Bordallo engaged in private M. Welsh American Inn of Court Foreign Litigation for the U.S. practice for nine years and served and an adjunct professor at the Department of Justice’s European as an assistant attorney general University of San Diego School of office located in the United for Guam. He received his B.B.A. Law. He received his B.A. from the Kingdom, where she represented and J.D. from the University of University of California, San Diego, the U.S. in affirmative and defensive Notre Dame in 1983 and 1987, in 1985, and his J.D. from Cornell litigation matters throughout respectively. Law School in 1989. Judge Butcher Europe and Turkey. She engaged in maintains chambers in San Diego. private practice, from 1990 to Daniel E. Butcher 1997, with K&L Gates LLP, in was appointed as Pedro V. Castillo Washington, D.C., and in Pittsburgh, a magistrate was appointed as Pennsylvania, where she began her judge for the a magistrate legal career as a litigator. Judge United States judge for the Barch-Kuchta received her B.A. District Court for United States from Pennsylvania State University the Southern District Court for in 1983 and her J.D. from District of the Central Duquesne University School of Law California on May 26, 2020. Prior District of in 1990. She maintains chambers in to his appointment, Judge Butcher California on Jan. 24, 2020. Prior to Yosemite Valley. was an assistant U.S. attorney for his appointment, he served as a the Southern District of California. deputy federal public defender for Michael J. His many assignments as an the Office of the Federal Public Bordallo was assistant U.S. attorney included the Defender in Los Angeles. He was a appointed as a Criminal Division, where he was trial lawyer in that office for over magistrate judge assigned to the Major Frauds and 27 years, representing financially for the District Economic Crimes Section. He eligible defendants in all stages of Court of Guam on served as the district’s health care their criminal proceedings, Feb. 14, 2020. fraud and kidnapping coordinator including arraignment, motions, Prior to joining and was a deputy chief and trial trial and appeal. While at the FPD’s the bench, Judge Bordallo had team leader in the General Crimes office, he also served as a served as a trial court judge for the Section. He also served in the representative in the Central Superior Court of Guam since Appellate Section, where he District’s Substance Abuse

13 Treatment and Reentry (STAR) assaults in prison, arson, stalking, Alex G. Tse was program, a post-conviction reentry narcotics trafficking and firearms appointed as a program for high-risk substance violations. Judge Donahue was also magistrate judge abuse offenders which provides an adjunct professor at Loyola Law for the United integrated drug and alcohol School teaching appellate advocacy. States District treatment services. Judge Castillo Before joining the U.S. Attorney’s Court for the also served as a representative in Office, she engaged in private Northern District the Central District’s Conviction practice at Jeffer Mangels Butler of California on and Sentence Alternatives (CASA) & Mitchell LLP, where she worked Jan. 28, 2020. Prior to joining the program, a post-guilty plea on multi-district litigation in the bench, Judge Tse served as chief of diversion program that offers U.S. District Court for the District the Civil Division of the U.S. a creative blend of treatment, of Puerto Rico. Judge Donahue Attorney’s Office for the Northern sanction alternatives and incentives received her undergraduate degree District of California, where he to effectively address offender from and her served for nearly 20 years behavior, rehabilitation and the law degree from the University of including as interim U.S. attorney safety of the community. A native of California, Los Angeles, School of and as first assistant U.S. attorney. Mexico, Judge Castillo grew up in Law. She maintains chambers in Los Previously, he served as an Boyle Heights neighborhood of Los Angeles. assistant chief city attorney for the Angeles. He received his B.A. from City and County of San Francisco Stanford University in 1988 and his Michael T. after leaving the U.S. Attorney’s J.D. from the University of Arizona Morrissey was Office, where he became deputy College of Law in 1991. Judge appointed as a chief of the Civil Division in 2001. Castillo maintains chambers in Los magistrate judge Before that, Judge Tse served as a Angeles. for the United line assistant U.S. attorney in the States District Civil Division in 1994. He began Patricia Donahue Court for the his career in private practice in was appointed as District of 1990. Judge Tse received a a magistrate Arizona on Jan. 23, 2020. Prior to Director’s Award for Superior judge for the joining the bench, Judge Morrissey Performance from the Executive United States was an assistant U.S. attorney for Office of the U.S. Attorneys in District Court for the District of Arizona, serving as a 2017 and a special commendation the Central supervisor in the district’s National from the Civil Division of the U.S. District of Security Section and as section Department of Justice in 2016. California on May 4, 2020. Prior to chief of the Appellate Section, in Judge Tse received his her appointment, she served as an addition to trial groups. From 2013 undergraduate degree from the assistant U.S. attorney in Los until his appointment in 2020, University of California, Berkeley, Angeles for 29 years. At the U.S. Judge Morrissey was in private and his law degree from the U.C. Attorney’s Office, she held a practice in Phoenix with a focus on Hastings College of the Law. He number of positions, including chief white collar criminal defense. Judge maintains chambers in San of Trials, Integrity & Morrissey received his B.A. and J.D. Francisco. Professionalism, chief of the from the University of Virginia in National Security Division, chief of 1983 and 1987, respectively. He the Violent and Organized Crime maintains chambers in Phoenix. Section and chief of General Crimes. She handled a wide variety of cases involving human trafficking, child sexual exploitation, corruption, civil rights violations, murder,

14 Senior Judges

District Judge James V. Selna Benjamin H. Lawrence J. was confirmed by Settle was O’Neill was the United States confirmed by the confirmed by the Senate to serve United States United States as a district judge Senate to serve Senate to serve for the U.S. as a district judge as a district judge District Court for for the U.S. for the U.S. the Central District Court for District Court for the Eastern District of California on March 27, the Western District of Washington District of California on Feb. 1, 2003, and received his judicial on June 28, 2007, and received his 2007, and received his judicial commission on the same day. He judicial commission on July 2, commission on the following day. assumed senior status on March 3, 2007. He assumed senior status on He served as chief judge of his 2020. Prior to his appointment to Jan. 1, 2020. Prior to his court from 2016 to 2019. Prior to the federal bench, Judge Selna appointment, Judge Settle was a his appointment, Judge O’Neill had served as a California Superior founder and partner of the law firm served as a magistrate judge for the Court judge in Orange County of Settle & Johnson, PLLC, for 30 U.S. District Court for the Eastern from 1998 to 2003. He was a years in Shelton, Washington. The District of California since 1999. partner at O’Melveny & Myers in firm engaged in a general practice Before joining the federal bench, he Los Angeles, from 1978 to 1998, with emphasis on civil litigation, served as a judge of California and an associate at the firm from business, municipal and real Superior Court, Fresno County, 1970 to 1977. Judge Selna served property law. While with the firm, from 1990 to 1999. He was an in the U.S. Army Reserve from he served as Shelton city attorney adjunct professor at San Joaquin 1967 to 1978. He received his A.B. and general counsel for Mason College of Law from 1986 to 1992. from Stanford University in 1967 General Hospital, Mason County Judge O’Neill engaged in private and his J.D. from Stanford Law Public Utility and Transit District, practice in Fresno from 1979 to School in 1970. He maintains and the Shelton School District. He 1990. He worked as police officer chambers in Los Angeles. was a Mason County Superior in San Leandro, California, from Court judge pro tem and was 1973 to 1976. Judge O’Neill appointed as an arbitrator or received his B.A. from the mediator in numerous cases. He University of California, Berkeley, served as a captain in the U.S. Army in 1973, his M.P.A. from Golden Judge Advocate General Corps Gate University in 1976 and his from 1973 to 1976, as a J.D. from UC Hastings College of prosecutor in Fort Bragg, North the Law in 1979. Following law Carolina, and defense counsel in school, he clerked for Judge Robert Fort Lewis, Washington. Judge F. Kane of the California Court of Settle received his B.A. from Appeal, First District, in 1979. Claremont McKenna College in Judge O’Neill assumed inactive 1969 and his J.D. from Willamette senior status on Feb. 2, 2020. University, College of Law, in 1972. He maintains chambers in Tacoma.

15 In Memoriam

Senior District Ethics and Civility Award.” Judge Senior Circuit Judge William B. Enright received his A.B. from Judge Raymond Enright, 94, of Dartmouth College in 1947 and C. Fisher, 80, of the United States his LL.B. from Loyola Law School in the United States District Court for 1950. He served in the U.S. Naval Court of Appeals the Southern Reserve from 1943 to 1946 and for the Ninth District of was a law specialist for the U.S. Circuit died on California, died Naval Reserve from 1947 to 1962. Feb. 29, 2020. He on March 7, 2020. Nominated by Judge Enright is survived by his was confirmed by the Senate on President Richard M. Nixon, Judge son, Judge Kevin Enright of the San Oct. 5, 1999, and received his Enright was confirmed by the U.S. Diego Superior Court, and judicial commission on Oct. 12, Senate and received his judicial daughters, Kimberly and Kerry, as 1999. Judge Fisher assumed commission in 1972 and assumed well as eight grandchildren. He was senior status on March 31, 2013. senior status in 1990. Prior to his preceded in death by his wife, Prior to his appointment to the appointment, Judge Enright Bette. bench, Judge Fisher had served as engaged in private practice in San an associate attorney general for Diego from 1954 to 1972. Senior Circuit the U.S. Department of Justice Previously, he served as a deputy Judge Jerome since 1997. He served as president district attorney in San Diego from Farris, 90, of the of the California Police 1951 to 1954. Judge Enright was a United States Commission in Los Angeles from founding member of the Louis Court of Appeals 1995 to 1997; as deputy general Welsh American Inn of Court, San for the Ninth counsel for the Independent Diego’s first Inn. He served as Circuit died on Commission on the Los Angeles trustee for the American Inns of July 23, 2020. Police Department in 1990; and as Court Foundation from 1985 to Nominated by President Jimmy member of the L.A. City Civil 1992. In 1987, he was presented Carter, Judge Farris was confirmed Service Commission from 1984 to with the Chairman’s Award, which by the U.S. Senate and received his 1989. Judge Fisher received his is bestowed upon a “member of an judicial commission in 1979. He B.A. from the University of American Inn of Court who, at the assumed senior status in 1995. California, Santa Barbara, in 1961 local, state or national level has Prior to his appointment to the and his LL.B. from Stanford Law provided distinguished, exceptional federal bench, Judge Farris served School in 1966. Following law and significant leadership to the as a judge of the Court of Appeals school, he clerked for Judge J. American Inns of Court for the State of Washington from Skelly Wright of the U.S. Court of movement.” In recognition of his 1969 to 1979. Previously, he Appeals for the D.C. Circuit, from devoted service to the American engaged in private practice in 1966 to 1967, and for Associate Inns of Court program, prominent Seattle from 1958 to 1969. He Justice William J. Brennan, Jr., of judges and lawyers joined together served in the U.S. Army Signal the Supreme Court of the United in 1991 to charter a new Inn of Corps from 1952 to 1953. Judge States, from 1967 to 1968. Judge Court in San Diego in honor of Farris received his B.S. from Fisher is survived by his wife, Judge Enright. “The Hon. William Morehouse College in 1951, his Nancy; his son, Jeff; his daughter, B. Enright American Inn of Court” M.S.W. from Atlanta University Amy; and his four grandchildren. is now the largest American Inn of (now Clark Atlanta University) in Court in San Diego County. Two 1955 and his J.D. from the other awards also carry his name: University of Washington School California Inns of Court’s “William of Law in 1958. Judge Farris is B. Enright Award for survived by two daughters, Juli and Professionalism” and the American Janelle, and he was preceded in Inns of Court’s “William B. Enright death by his wife, Jean.

16 Senior District District Judge Magistrate Judge Judge Lloyd D. Alfred Laureta, John F. Moulds George, 90, of 96, of the United III, 82, of the the United States States District United States District Court for Court for the District Court for the District of District of the Eastern Nevada died on Northern District of Oct. 7, 2020. He Mariana Islands California died on was confirmed by the Senate on died on Nov. 16, 2020. Nominated May 29, 2020. He was appointed April 30, 1984, and received his by President Jimmy Carter, Judge as a magistrate judge for the judicial commission on May 3, Laureta was confirmed by the U.S. Eastern District of California in 1984. Judge George served as Senate and became the first person 1986 and served on recalled status chief judge of his court from 1992 of Filipino descent to serve as a until 2014. Prior to his to 1997 and assumed senior status federal judge and became the first appointment to the bench, Judge on Dec. 1, 1997. Previously, Judge district judge to serve in the Moulds engaged in private practice George was a judge on the U.S. District of Northern Mariana as a partner at Isenberg, Moulds & Bankruptcy Appellate Panel for the Islands, where he presided until Hemmer and was one of the Ninth Circuit from 1980 to 1984 1988. Judge Laureta also was the founders of Blackmon, Isenberg & and as a bankruptcy judge for the first person of Filipino descent to Moulds from 1969 to 1985. He District of Nevada from 1974 to be appointed in Hawaii as a worked briefly for Sacramento 1984. He was a member of the gubernatorial cabinet officer and Legal Aid. He was a staff attorney, Judicial Conference of the U.S. as a state court judge in Hawaii’s then a directing attorney for from 1997 to 1999 and was a First Circuit Court in Oahu. California Rural Legal Assistance in board member of the Federal Previously, he was appointed by Marysville, California. Judge Judicial Center from 1979 to Governor John A. Burns in 1963 as Moulds received his B.A., with 1983. Judge George engaged in director of the Department of honors, from California State private practice in Las Vegas from Labor for the State of Hawaii, University, Sacramento, in 1960 1961 to 1974 and served as justice where he worked for four years. and his J.D. from the University of of the peace in Clark County, He graduated from the University California, Berkeley, Boalt Hall Nevada, from 1962 to 1969. Judge of Hawaii at Manoa and received School of Law (now Berkeley Law). George received his B.S. from his law degree from Fordham While in law school, he served as in 1955. University School of Law. Judge legal editor for the California Following college, he served in the Laureta is survived by his wife, Continuing Education of the Bar U.S. Air Force from 1955 to 1958. Evelyn, and his children, Lisa, and was a member of the Law He received his J.D. from the Gregory, Michael and Pamela. Students’ Civil Rights Research University of California, Berkeley, Council. Judge Moulds is survived School of Law, in 1961. Judge by his wife, Betty; his son, Don; his Lloyd is survived by his wife daughter-in law, Kate; his son, LaPrele, four children, 12 Gerald, and two grandchildren. grandchildren and 10 great- grandchildren.

17 In Memoriam continued

Bankruptcy Senior District Senior District Judge Richard Judge James A. Judge Jack D. Neiter, 82, of the Redden, 91, of Shanstrom, 87, of United States the United States the United States Bankruptcy District Court for District Court for Court for the the District of the District of Central District Oregon died on Montana died on of California, died March 31, 2020. Jan. 13, 2020. He on Jan. 10, 2020. Judge Neiter was He was confirmed by the Senate on was confirmed by the Senate on appointed as a bankruptcy judge Feb. 20, 1980, and received his May 11, 1990, and received his for the Central District in 2006 and judicial commission on the same judicial commission on May 14, served in that capacity until Sept. day. He served as chief judge of his 1990. He served as chief judge of 10, 2016, when he retired from the court, from 1990 to 1995, and his court from 1996 to 2001, and bench. Prior to his appointment to assumed senior status on March assumed senior status due to the bench, Judge Neiter practiced 13, 1995. Prior to his appointment certified disability on Jan. 30, 2001. bankruptcy law for more than 40 to the federal bench, Judge Redden Prior to his appointment, he served years. He engaged in private served as the attorney general for as a U.S. magistrate judge for the practice at the Los Angeles law firm the State of Oregon, from 1977 to District of Montana from 1983 to of Stutman, Treister & Glatt since 1980, and as the state’s treasurer 1990. Before joining the federal his admission to the State Bar of from 1973 to 1976. He served as bench, Judge Shanstrom served as California in 1963. Judge Neiter the chairman of the Public a judge of the Montana District received his B.S. from the Employee Relations Board from Court, Sixth Judicial District, from University of California at Los 1969 to 1972. Judge Redden was a 1965 to 1982. He worked in Angeles in 1959 and his J.D. in state representative for Oregon, Montana as a county attorney for 1962 from the University of from 1963 to 1969, and a minority Park County, from 1960 to 1965, Southern California Law School, leader, from 1967 to 1969. He and as an assistant city attorney in where he was a member of the engaged in private practice in Livingston, where he engaged in board of editors for the Southern Medford, Oregon, from 1956 to private practice from 1960 to California Law Review. Judge 1972, and in Springfield, 1964. Judge Shanstrom received Neiter is survived by his wife, Lois, Massachusetts, from 1954 to his B.A. and B.S. from the their children, Mark and Deborah, 1955. Judge Redden received his University of Montana in 1956 and and Mark and Deborah’s spouses LL.B. from Boston College Law 1957, respectively, and his LL.B. and their grandchildren. School in 1954. He served in the from the University of Montana U.S. Army from 1946 to 1948. School of Law in 1957. Following Judge Redden was preceded in law school, he served in the U.S. Air death by his wife, Joan Redden, Force as first lieutenant and judge who passed away in 2018. Judge advocate from 1957 to 1960. Redden is survived by his two sons, Judge Shanstrom is survived by his James A. Redden, III, and William wife, Audrey, his children, Scott and Francis Redden. Susan, and three grandchildren.

18 In Memoriam: Senior Circuit Judge Jerome Farris

The Ninth Circuit mourned the passing of Senior Circuit Judge Jerome Farris, who died peacefully at home on July 23, 2020, at the age of 90, after over four decades on the bench.

“He was truly one of the most interesting and compelling persons most of us have ever known. Judge Farris was an extraordinary judge and human being. He truly was a force of nature, and he was unfailingly generous to his colleagues and many friends,” Ninth Circuit Chief Judge Sidney R. Senior Circuit Judge Jerome Farris Thomas noted. pictured in 2007, above, and in 1969, “Everyone who knew Judge Farris left, the year he was appointed to the referred to him as ‘his/her good Washington State Court of Appeals. friend, Jerry Farris,’” said Chief Judge Emeritus J. Clifford Wallace.

Senior Circuit Judge Dorothy Review, a member of the Order of 1977 to 1978. He served on that W. Nelson said “I’ve lost one of the Coif and was elected president court until his appointment to the the most remarkable judges this of the law school student body. Ninth Circuit Court of Appeals Circuit ever had. His generosity Judge Farris worked as a juvenile by President Jimmy Carter on knew no bounds.” probation officer while earning his July 12, 1979. He assumed senior law degree. status on March 4, 1995. As Chief Judge Emerita Mary M. Schroeder put it, “Remarkable As his successor, Circuit Judge M. Judge Farris served as a regent is an understatement. As a Margaret McKeown, observed, of the University of Washington compassionate human being, Jerry “Jerry was an icon in the Pacific in 1985. He was a trustee of was a hundred years ahead of his Northwest legal community.” the Seattle-King County Bar time.” Association and former chairman After graduating from law school, of the Washington Council of the Judge Farris was born in Judge Farris worked for the law National Council on Crime and Birmingham, Alabama, on March firm of Weyer, Roderick, Schroeter Delinquency. He was a member of 4, 1930. He earned a Bachelor of and Sterne. He later started the University of Washington Law Science degree with department his own law firm with Leonard School Foundation, the Governor’s honors in mathematics at Schroeter. In 1969, he was Conference on Library and Morehouse College. After appointed as a judge on the newly Information Science, the Seattle graduating from Morehouse, he created Washington State Court of Youth Commission, the King served in the United States Army Appeals for Division I. County Mental Health-Mental Signal Corps. He then earned a Retardation Board and a delegate Master of Social Work degree Judge Farris was unanimously to the White House Conference at Clark Atlanta University. He elected as the first presiding chief on Children and Youth. He served received his Juris Doctor degree judge of the Court of Appeals in on the boards of the Seattle Urban at the University of Washington, the 1977-1978 term and served League, Seattle Opportunities where he was a member of the Law as chief judge of Division I from Industrialization Center and

19 United Way. Morehouse College As Circuit Judge Susan Graber the most generous individuals to awarded him an honorary degree noted, “The qualities that endeared ever walk this earth. As the first in 1978. him to me most were his unfailing African-American judge to serve equanimity, his old-fashioned on this court, he left a legacy in Upon his death, tributes to Judge courtesy, his civility toward which we can all take pride. His Farris came quickly from around colleagues and lawyers, his lovely passing leaves a gigantic hole in the the circuit. Circuit Judge Diarmuid smile and his good cheer.” fabric of our court family. He will O’Scannlain recounted: “For us, be sorely missed.” Jerry was a role model for the Senior Circuit Judge Stephen Trott greatness of our country. Born recalled that when he joined the Judge Farris is survived by two into poverty, son of a sharecropper Court, then-Circuit Judge Anthony daughters, Juli and Janelle, and in the inhospitable South, he Kennedy advised him to get to a sister, Marian Farris Hatch. was keenly aware of his race and know Judge Farris because he was He was preceded in death by his circumstance but never allowed one of “the most interesting people wife, Jean Shy Farris. Judge Farris it to be a barrier to his pursuit of I would ever get to know.” completed his oral history for the the American Dream. And not just Ninth Circuit Historical Society pursuit, but success, extraordinary Circuit Judge Johnnie B. Rawlinson early in 2020, and it can be found economic and professional success, summed it up well: “This is indeed here: https://www.njchs.org/ done with dignity and grace. His a sad day for the court. Many of trailblazer-judge-farris/. legacy is an inspiration for all us benefited from Judge Farris’s Americans, especially in these wise counsel over the years. And turbulent times.” he was, without question, one of

20 In Memoriam: Senior Circuit Judge Raymond C. Fisher

The Ninth Circuit mourned the He returned to Los Angeles and and Environment and Natural passing of Senior Circuit Judge practiced law for 30 years, first at Resources divisions and other Raymond C. Fisher, who died on Tuttle & Taylor, and later at Heller programs. He received the Feb. 29, 2020, at the age of 80, Ehrman White & McAuliffe. Randolph Award for Outstanding after a long and remarkable career. Service to the Department of Justice in 1999. “Judge Fisher had a truly extraordinary career, as an Nominated by President Clinton, attorney, a judge and a contributor Judge Fisher was confirmed by the to his community,” said Ninth Senate on October 5, 1999, and Circuit Chief Judge Sidney received his judicial commission R. Thomas. “He was a model a week later. He maintained of judicial temperament and chambers in Pasadena, California, collegiality. He was a close friend and assumed senior status on and colleague, who will be greatly March 31, 2013. missed.” During his 20 years on the “Ray was a wonderful friend, who bench, Judge Fisher authored served his country in many ways approximately 400 judicial and was courageous to the end,” opinions. He was a member of said Chief Judge Emerita Mary M. the American Law Institute and Schroeder. a fellow of the American College Senior Circuit Judge of Trial Lawyers. He was a board Judge Fisher was born in Oakland, Raymond C. Fisher member and former chair of the California, in 1939. The family Western Justice Center, which moved to Washington, D.C., and Judge Fisher was a member operates creative programs to returned to California in 1946 of the Los Angeles City Civil teach students, teachers and when Judge Fisher’s father Service Commission from 1984 members of the community ways accepted a professorship at the to 1989. In the wake of the to resolve conflict peacefully. University of California, Los Rodney King riots, he was named Angeles. deputy general counsel to the Judge Fisher was a member of the Independent Commission on the Judicial Branch Committee of the Following military service, Judge Los Angeles Police Department– United States Judicial Conference Fisher graduated from the the Christopher Commission–in from 2005 to 2019 and was co- University of California, Santa 1990. He was widely recognized chair of its Subcommittee on Civic Barbara in 1961, with a B.A. in for his instrumental role in shaping Engagement & Education. He was political science and received his the package of reforms developed a longtime member of the Ninth LL.B. in 1966 from Stanford Law by the commission. He then served Circuit’s Public Information and School, where he was president of as president of the L.A. Police Community Outreach Committee. the Law Review and awarded the Commission from 1995 to 1997. Order of the Coif. Following law A strong believer in civic In 1999, Judge Fisher was named school, he clerked for Circuit Judge education, he was an advisory “Outstanding Alumnus” by UCSB. J. Skelly Wright of the U.S. Court board member and former of Appeals for the D.C. Circuit and In 1997, President William president of the Constitutional then for Associate Justice William J. Clinton appointed Judge Rights Foundation, which awarded J. Brennan, Jr., of the U.S. Supreme Fisher as the associate attorney him its Bill of Rights Award in Court. general, the third-ranking official 1994. He also served on the of the Department of Justice. boards of the Legal Aid Foundation He oversaw the work of the of Los Angeles and the Brennan Civil, Civil Rights, Antitrust, Tax Center for Justice, which awarded

21 him its Joseph A. Ball Award for Chief Judge Thomas said, “It Judge Fisher is survived by his wife Outstanding Advocacy in 2000. seems just a short time ago when of 59 years, Nancy; his son, Jeff I attended his investiture, where (Perri); his daughter, Amy Ahlers In a newspaper profile in 2001, he was lauded by many legal (James); his four grandchildren; Judge Fisher was aptly described luminaries. But that was 20 years his former daughter-in-law, Rose as the “poster child for judicial ago. He was a great friend to me Fisher; and his sister, Debbie temperament” for his even-handed over those two decades, and with Fisher. treatment of advocates while every judge on our Court. Most of on the bench. As Circuit Judge us last saw him a month previous Richard Paez said, “When Judge to his passing at a court meeting, Fisher joined the court, he brought where he greeted us warmly, with him invaluable government with a characteristic twinkle in service as associate attorney his eye. As Judge Paez said, ‘As a general, extraordinary legal talents colleague and friend, he was kind and deep experience from handling and generous with his time. We complex litigation in private will miss his extraordinary talents practice. Judge Fisher was guided and genuine collegiality.’ We will by the rule of law, but he applied indeed.” it with a compassionate touch. He never lost sight of those who were less fortunate.”

22 Tough Year Brings Challenges; Courts Rise to Meet Them NINTH CIRCUIT HIGHLIGHTS

There is no denying 2020 was a trying government computers, including the year. By the same token it was a year of federal courts to an extent unknown firsts and one of justice prevailing, thus of at the end of calendar year 2020. On progress. the plus side, Congress is aware of the issues surrounding judge and courthouse The first quarter of the year was security, and there are hopes for relief on remarkable for nearly all Ninth Circuit both fronts in 2021. employees being sent home to set up home offices for the duration as the world To address security needs, the came under siege from the COVID-19 Ninth Circuit brought an emergency virus. The prevailing effects of the virus management and security specialist on remain at the forefront of most people’s board who has been working diligently to concerns, and they remain a serious rectify physical security issues. The circuit concern for the courts, thus for all has also benefited from the advice of its citizens. circuit information technology security director who has detailed the process Across the Ninth Circuit, the commitment for judges to remove their personal and adaptability of the courts to get information from the internet, reducing the job done is manifest. Judges held the chances of being found by possible proceedings with everyone participating assailants. remotely and also with everyone in person, using plexiglas partitions, As the year wore on with no long-term constant cleaning and spacing of COVID-19 containment in sight, the personnel to remain safe. Along with the Ninth Circuit canceled official in-person critical impact of COVID-19 on the courts gatherings, including the Ninth Circuit came other challenges, foremost among Judicial Conference, but started planning them was deepening concern over judges’ other court and committee meetings security. as virtual events, starting with the fundamental work of the courts. Many Threats turned to reality when a New judges began holding a wide variety of Jersey federal judge’s son was killed proceedings using audio and/or video and husband critically wounded by connections. Results have been largely a disgruntled lawyer. In addition, a praised and cases continued to be Ninth Circuit judge was cornered in his resolved, though there are substantial chambers by an intruder; thankfully, no backlogs due to both the slower handling injuries were sustained in that incident. of cases and the continued shortage of Other judges had personal information judges due to lack of congressional action. exposed by those unhappy with decisions. Though most judges have restricted Bills were introduced in the House and proceedings to hearings and other the Senate to increase security, but no nonjury activities, full jury civil trials action was taken by the time Congress were successfully held by two judges adjourned for the year. Courthouse in Washington’s Western District in security came under closer scrutiny 2020. The Ninth Circuit also held what following attacks, notably in Portland, were probably the first federal en banc Oregon, where federal officers battled hearings remotely, using video streaming, with protestors. one more wheel of justice that kept turning in spite of the pandemic. Finally, in the security realm, a major hack, referred to as the SolarWinds breach, Pretrial and probation offices were hit was discovered to have penetrated especially hard by the virus as officers

23 were heavily restricted in how Staffing has naturally been Results of the surveys were they could meet with offenders affected by the inability of people encouraging in most respects. and lawyers to ensure public to meet, but the Ninth Circuit has Judges and lawyers alike are safety and in-custody rights. filled a number of critical roles with finding online remote proceedings Federal public defenders faced experts in their fields, again using effective, opening the door to the same challenges—difficulty video technology to connect with future use of the technology to in just communicating with those individuals. lower court costs and save time for who need their help the most in everyone from jurors to expensive order to maintain constitutionally- In a time when groups can’t expert witnesses. Judges held mandated representation. Both meet safely, the circuit turned to nearly every type of proceeding groups persevered through video surveys to gauge the concerns remotely except criminal jury trials and audio contact and anticipate and opinions on various elements and grand jury selection. returning to more face-to-face affected by requirements for social meetings as the pandemic comes distancing. Clerk of Court Molly The year closed with news of under control. Dwyer, of the Ninth Circuit Court vaccines that have allowed the of Appeals, sent a survey in August courts to begin resuming in- Outside the courtroom, scores 2020 on the pluses and minuses person trials. The wheels of justice participated in online orientations of remote oral arguments to turned steadily during this unique for new law clerks, and dozens about 300 lawyers and found that year, with judges, court staff and more joined committee meetings while the process was generally members of the bar who worked from the safety of their homes or working great, people still look together and provided the services chambers, via video connections. forward to holding proceedings the public needs despite the Judges and others also attended in person. Chief district judges challenges posed by COVID-19. webinars within the circuit to stay were surveyed by the Public in touch with decisions and catch Information, Conference and up with colleagues and friends. Education Unit of the Office of the Circuit Executive to Beyond official meetings, the determine how judges felt about circuit managed two civics events possibly holding the annual circuit of note. The California’s Eastern conference, and results mandated District sponsored a Constitution against such a gathering. The Ad Day Reading session that drew Hoc Committee on Cameras in in over 100 participants, each the Courtroom surveyed all chief reading a favorite extract from district, chief bankruptcy judges the U.S. Constitution. In addition, and chief magistrate judges in nearly 1,000 students participated December 2020 to determine how in the annual Ninth Circuit Civics exactly remote proceedings were Contest. COVID-19 restrictions being held, and what the strengths meant first-place winners received and weaknesses of various aspects cash in lieu of the usual trip to the of remote proceedings are. circuit’s annual conference, which has been postponed until 2022.

24 Jury Trials During the COVID-19 Pandemic

One of the early “victims” of the by May 27, 2020, and distributed 1. Local, state and federal COVID-19 pandemic was the jury throughout the Ninth Circuit. restrictions on community, trial. Courts shut down jury trials commercial and personal concurrently with the community The recommendations were activity; shut down and stay at home written recognizing that each of orders issued by state and local the 15 districts in the circuit are 2. Health screening requirements officials. To address the situation, different, and that no one size fits and necessary personal Congress passed the Coronavirus all model could be created. So, protection devices and Aid, Relief and Economic Security the recommendations identified protocols (e.g., 6-foot distancing Act, or CARES Act, which handled key considerations to be made of people); Speedy Trial Act concerns in in developing a localized plan to criminal cases and allowed for the reasonably ensure health and 3. Space availability in existing use of video hearings for critical safety in returning to jury trials facilities with capacity limits and matters. Chief Judge Sidney while the pandemic impacted the 6-foot social distancing needs. R. Thomas declared a judicial community at large. Utilizing health care professionals, emergency in the Ninth Circuit courts came up with plans to suspending jury trials. The plan emphasized the paramount purpose of health and operate in novel but safe ways. From this beginning it was clear safety and the critical nature of Attention to air filtration systems, that the right to a jury trial, the need to provide jury trials, path of travel and room occupancy the bedrock of our American while recognizing that community limits played a role in when, democracy, needed to be back up restrictions would vary over time. how and how many trials could and running as soon as possible. commence. On May 1, 2020, Chief Judge Trials began under the Ninth One common practice employed Thomas directed the Jury Trial Circuit recommendations in by many was to survey or screen Improvement Committee, or JTIC, communities where health jurors in advance for active to formulate a plan for reopening circumstances, judicial resources COVID-19 infections or high- trials. The “Recommendations on and available space would allow. risk factors. Considering these Resuming Jury Trials and Grand Critical factors included: individuals for a deferment until Jury Proceedings” was in place

The U.S. District Court in Hawaii implemented COVID-19 safety precautions for jury trials in the Aha Kanawai Courtroom in 2 2 2 Honolulu using (1) socially distanced seating, (2) clear acrylic panels for podium 4 and bench, (3) covers on microphones and (4) monitors to show jurors participating remotely. 3 1

25 a later date avoided bringing the environment. This minimization witnesses with masks on, the ability sick and most vulnerable to the was helpful given that elevator cars to discern jury demeanor during courthouse. While recognizing in the district were limited to two voir dire and the identification that juror “fear” or “discomfort” riders at a time! of the defendant in court. Face should not serve as an excuse, it shields, clear masks and plexiglass was recommended that those truly The restrictions of space and panels became common fixtures at risk to themselves and others social distancing also limited the to address some of these issues. should be granted a deferment. number of parties per side that Other logistical problems included Any challenge to the fair cross could proceed to trial. While a the provision of a safe space for section requirement of the Jury single defendant trial was feasible, counsel and their client to confer, Act could be avoided by giving multiple defendants and the as well as problems of in-custody counsel the opportunity to object additional lawyers required made defendants getting to court with to the deferment or excuse of the case too “big” to “fit” and quarantines and other movement jurors before trial. infeasible to maintain the required restrictions, and restrictions and social distancing. limitations by the detention facility With a clear limit to available on visitation. operations, most courts made An important additional issue that a concerted effort to prioritize courts still face is the backlog of The U.S. Marshals Service are cases for trial. Limits on the trial ready cases. If the number of great problem solvers, and in number of trials per day or trials that are feasible under health, conjunction with the Federal per week or per building were space and safety requirements are Bureau of Prisons, found ways to imposed to comport with the limited, how are they prioritized? In overcome the logistics of prisoner occupancy restrictions imposed the Southern District of California, transfer to court for trial and by the local government and single defendant cases became solutions to consultation and the CDC. To sit a criminal jury, the first order of business, with pretrial preparation. Dedicating a typically 40 people are brought the highest priority to in-custody cell for singular use by an in-trial forward for voir dire. To ensure defendant cases. Handling short defendant, separate from the 40 arrive, jury administrators trials first allowed more trials general population, solved the summon far more, considering overall given the restrictions on problem. If two cells are available the relatively high no show rates. space. This means of course, that for this purpose, one can be used Summoning 75 to 100 would not multiple defendant cases and by an in-trial defendant and the be unusual. Seating that many extended jury trials have been other by a defendant preparing to people at 6-foot distances takes pushed back, and civil jury trials fall start the next trial. Perfect, no, but a very large room. So does the to the end of the list. it got things going again. space to voir dire the 40 targeted to sit for selection, if you are to It should be noted that bench trials The courts in the community have do it in one session, as opposed to in criminal and civil cases were able been very resilient in dealing with subgroups. With these dynamics, to go forward smoothly. Without these issues. While uncomfortable starting more than one case per the space issues of assembling a on many levels, juries continue to day would be difficult to fathom. venire, handling jury selection and report for jury duty and courts Another consideration was addressing the spacing of jurors in continue to handle trials. Hopefully, getting multiple juries properly the courthouse, they were easier continuing in an expanded format distanced in hallways, break and to set. as the pandemic ebbs, with lunch areas on a given floor or adherence to safety practices, Trying cases under the novel building. vaccinations and community circumstances brought on by the support, we will see an end to The Southern District of California pandemic have required courts the burdens placed on trying jury instituted a one-day jury selection to address a variety of issues cases. policy and one trial per floor in including the Sixth Amendment its buildings to achieve a safe rights to confrontation of

26 Justice Goes High Tech in Western District of Washington

During the COVID-19 pandemic, Like any good plan, it needed to Juror age or economic status do courthouses in the Western be tested. A mock jury trial was not appear to have factored into District of Washington became conducted. The court debriefed juror participation. mausoleums. Civil jury trials the jurors and lawyers to assess abruptly stopped, forecasting what worked and what did The attorneys participating in backlogs of cases that would not. Based on that feedback, remote trials largely commend the take years to unjam. Faced with the committee created two process. They also report favorable this bleak outlook, the district handbooks: one for attorneys cost savings relative to in-person looked for a way to save civil and one for judges and staff. trials. Lawyers are now accepting jury trials through an entirely These handbooks were then the process without objection. The remote process. The district sent for testing to see if a lawyer judges report that the ZoomGov marshalled their staff and formed or staff member could follow platform allows them to see the a committee composed of IT the instructions successfully witness up close and to assess personnel, jury administrators, law from start to finish. The court body language and demeanor. clerks, courtroom deputies, court and staff handbook is available Unlike an in-person trial, the judge reporters and magistrate judges. on request and the attorney can actually see the face of a handbook is available on the witness. The district has shared its First, the district court surveyed court’s website: https://www. work by sponsoring a nationwide 600 potential jurors from their wawd.uscourts.gov/sites/wawd/ seminar for federal judges and jury service list. Jurors were files/VirtrualTrialHandbookfor staff. Video of the event can be asked whether anyone would Attorneys.pdf. found at: https://youtube.com/ willingly serve on an in-person playlist?list=PLQQODreSvdKFxl jury. Over 50% reported that Before starting the real trials, JBZBxh2AN1WBKZKpKyZ. they would not, even with social research on whether remote distancing. Second, research civil jury trials are impermissible Remote civil jury trials are likely to was completed on the available was done. The court found no continue well after the pandemic technology platforms to conduct such authority and hewed to the subsides. While it may not be for trials remotely. The committee adage that what is not prohibited every case, many trials or parts of landed on ZoomGov as a reliable is allowed. Several judges have a trial (such as voir dire or expert platform that jurors and attorneys pushed ahead in the face of testimony) can be easily conducted could easily master. For exhibits, objections believing that individual remotely with cost savings to the Box.com was selected. The district litigants cannot frustrate the parties and court. And while the committed to training jurors court’s obligations to provide process lacks some of the majesty and providing iPads as needed due process for everyone on the of the court, it is efficient, engaging to address concerns that the court’s docket. and personal. technology would skew the jury pool due to costs or juror age. The district has completed five The federal judiciary has had to remote civil jury trials. After each use creativity to keep the wheels The committee then got down trial, the district debriefs jurors, of justice turning. The courts to brass tacks. Every step of a who consistently praise the should be pleased the public civil jury trial from the issuance process and note their relief in not is willing to participate in the of a summons to the return of a having to travel to the courthouse Third Branch’s work by opening verdict was mapped to a remote or appear in person in the midst their homes and enthusiastically process. An order template was of the pandemic. Anecdotally, responding to the call. drafted to help parties prepare for the court noted an increase in a remote trial. participation and fewer requests to be excused.

27 Courthouse Display Illustrates Value and History of Courtroom Sketch Artists

Long before the advent palpable tension of cross of cameras, courtroom examination and convey sketch artists brought the the suspense and shock of drama and pathos of the verdicts and sentencings.” courtroom to the public via highly expressive drawings Exhibit visitors step into of the key players. “Portraits the story of a busy, hectic, of Justice,” a courtroom constantly changing media sketch art exhibit intended form that helped the public to increase public awareness view and understand who the of the courts, was unveiled principal characters were in Jan. 23, 2020, and graces local stories and the national four floors of the Edward criminal justice process. J. Schwartz United States Courthouse in San Diego. “Portraits of Justice” visually and textually displays the The exhibit, part of The history of courtroom sketch Southern District of art, major contributors to California’s Learning Center, the art, displays national a multi-prong effort to and local art, and provides a present and promote civics view into some of the biggest education, was two years in local and national cases as the making and provides a they appeared before the look into past courtrooms courts. Old telephone alcoves via an art that is dying out, formerly used by reporters replaced by cameras and live to quickly call in their stories video streams. were the perfect location to display the images that “Freehand sketches by accompanied many of those talented artists like these stories. Local sketch artist show us not just the basic Krentz Johnson curated the settings – but what the exhibit, collecting sketch courtroom looked like, artists and public images. where the defendants and prosecutors stood, how the Some of the cases exhibited judge surveyed his or her on the second floor of the domain,” said Paul Krueger, a courthouse include the one-time senior TV producer Inquisition of Galileo and the in San Diego. Salem Witch Trials. Viewers are introduced to other cases District Judge Janis L. Sammartino and At their best, courtroom through history, as well. Senior District Judge , center, artists give viewers and The exhibit includes more pictured with sketch artists, from left, Vicki readers a sense of the than just artwork. Sketch Ellen Behringer, Krentz Johnson, Bill Robles drama that unfolds in those artist Betty Wells donated and Jerry Lemenu. Johnson curated the rarefied proceedings. Facial her artist’s apron, which “Portraits of Justice” exhibit pictured at top. expressions display fear, held all her paints as she defiance, anger, sadness, quickly sketched images in remorse; they transmit the court. Other exhibits include

28 explanations about paints, pencils and methods sketch artists used to capture the court or other social images they saw, and a display on sketch art history including copper images from the 11th Century to printmaking in the 16th Century to today’s digital publications. There is even an Emmy Award donated by JW August, who received it in 2014 for Journalistic Enterprise for courtroom coverage.

Sketch artist Mona Shafer Edwards described her method, “My best sketches are my fastest, the ones in which I capture a brief, emotionally intense moment and lay it down in minutes. I never know how much time I’ll have, so I have to get the image on paper as exhibit. District Judge Janis L. quickly as possible: three minutes Sammartino, Southern District is usually my goal,” she said. of California, chair of the District Community Outreach Committee The third floor of the courthouse and chair of the Ninth Circuit displays U.S. Supreme Court cases Public Information and Community and those covered by mainstream Outreach Committee, introduced media including images that Johnson to discuss the exhibit went “viral,” like the infamous and introduced the visiting artists. “Deflategate” sketch of Tom Brady The artists answered questions by Jane Rosenberg. The fourth about their work, interesting cases floor of the courthouse exhibit Images that were part of the exhibit they did sketch art for and how focuses on the judges of the included a black and white etching they felt about the profession. Southern District of California, of the Salem Witch Trials by F.C.C. Judge Sammartino concluded while the fifth-floor features high Darley (date unknown), and, above, the presentation and a reception profile national cases, including a more contemporary courtroom followed, allowing time for guests sketch art from the 9/11 terrorist sketch by Vicki Ellen Behring of to view the exhibit. cases in New York, and the O.J. the 1997 oral arguments in San Francisco of a case regarding Air Simpson and Michael Jackson The Southern District of California trials in Los Angeles. Force employee exposure to toxic hopes the exhibit educates the waste at Area 51, a highly classified public on courtroom sketch art, The exhibit opened with Chief U.S. Air Force military installation in a medium rapidly being replaced District Judge Larry Alan Burns, Southern Nevada. by quick and digital images. The Southern District of California, exhibit can be viewed during public welcoming judges, court staff, hours. public, members of the media and some of the sketch artists whose work was featured in the

29 Criminal Defendants and their Counsel, the Criminal Justice Act and the First Step Act

Representing criminal defendants sometimes insisting that in-person federal detention presumption. in the Ninth Circuit, both charged hearings and trials happen. and sentenced, looked more Section 402 expanded “safety different in 2020 than the courts, First Step Act valve” application, going from being applicable only to a defendant defense counsel and certainly their The First Step Act passed, and in Criminal History Category I clients could ever have imagined. portions became immediately to a defendant not having more As COVID-19 spread through effective in December 2018. than (a) 4 criminal history points communities, jails and prisons, Its major congressional goals made up of only 2-point prior laws surrounding release and addressed good time credits convictions, (b) one prior 3-point detention, speedy trial, attorney- and lowering possible sentences conviction or (c) one prior 2-point client relationships and privilege, for poorly defined and applied violent offense as the sentencing and compassionate release sentencing enhancements. gained particular attention and guidelines defined. significance. The First Step Act clarified the congressional intent of 54 days First Step Act Motions: Additional As the pandemic’s dangers good time credit per year. For Crack Cocaine Reductions became more evident, many decades, the Federal Bureau of and Compassionate Release courts and federal public defender Prisons interpreted the phrase Representation offices closed to the public and to award the 54 days only after For possible First Step Act staff alike, running on skeleton (beyond) a year was served, litigation and review, most Ninth crews and telework. IT support meaning inmates served more Circuit districts created General staff became miracle workers, time before release with credits. Orders to automatically appoint seemingly transforming offices Congress explained credit up to federal public defenders or CJA overnight to enable everyone 54 days is earned for each year counsel (in conflict situations) to work from home. FPD offices of the court’s imposed sentence, to review and file applicable worked tirelessly to establish video untying credits from the actual motions or petitions. These and audio communications with time imprisoned. pleadings focused on two areas of in-custody clients, many times the act: Section 404 for further providing prison facilities with Under Section 401, Congress reviews of the Fair Sentencing safely configured iPads and tablets offered sentencing reforms to Act of 2010 and crack disparity to allow defender and CJA counsel, limiting sentencing enhancements sentences, and Section 603 investigators and even experts for crimes surrounding drug sales, entitled the Federal Prisoner to video-teleconference with manufacturing and distribution, Reentry Initiative Reauthorization detained clients. and for when a gun may be allowing for appointed counsel involved. A “serious drug felony” in compassionate release Zoom became the safest means to prior is now more narrowly defined applications and district court meet and has now expanded the to serving sentences for more motions. criminal defense practice vision to than 12 months only when the add an ability to practice distancing defendant was released within While most crack-related petitions while still realizing the vital and 15 years of the instant charged have been resolved, the act irreplaceable importance of in- crime. A “serious violent felony” seemed prescient this year with person attorney-client contact. is also more narrowly applied to the advent of the COVID-19 serving sentences for more than pandemic. Global warnings to As some courts re-opened, the 12 months for crimes equivalent reduce possible infection – masks, goals of FPD offices were to to federal jurisdiction assault frequent handwashing and social equally protect staff and clients crimes under 18 U.S.C. § 113 or distancing of a 6-foot radius from virus exposure and protect for offenses under § 3559(c)(2)’s – are difficult to implement in each client’s constitutional rights, defined crimes qualifying for the prisons, facilities designed to hold

30 sentenced inmates sometimes prisons housed them, massive lawyers and judges alike on beyond their intended capacities. informational mailings went to possible impacts of COVID-19. Given the lack of social distancing, their district’s defendants. Letters FPD offices have opened facilities provided masks, and flooded into FPD offices asking hundreds of compassionate sometimes no warm water, soap or for help with home confinement release cases. hand sanitizer, it was frightening and compassionate release, BOP how COVID-19 exploded early applications and subsequent BOP and district judges have in prisons during the pandemic. district court motions after denials. granted compassionate release Reports poured soon to Federal in few cases, but sometimes, Defender Offices of huge So many clients had been in prison reducing sentences not just COVID-19 outbreaks in California for decades, many having lengthy by months, but years. And the prisons in Elkton, Oakdale, Terminal sentences still left to serve. Not inmate requests keep coming. Island and Lompoc. As time passed, surprisingly, clients were aging more prisons became hot spots. and aged, suffering from illnesses Another First Step Act addition Since reliability and frequency of brought by years of poverty and is Section 101 – Risk and Needs testing were questionable, it may minimal health care before their Assessment System, which be impossible to get accurate BOP imprisonment. These were the created Subchapter D, 18 U.S.C. inmate infection numbers. “vulnerable” – those the Centers § 3631 – 3635, conferring for Disease Control and Prevention on the Attorney General and As of December 31, 2020: (CDC) defined as the most BOP $75,000,000 to create an “evidence-based recidivism reduction program” within 210 Federal Bureau of Prisons Population and COVID-19 Infections days of passage:

BOP Inmate Total Inmate Deaths/ BOP Total Staff Deaths/ Population¹ COVID-19+ COVID-19+ Staff COVID-19+ COVID-19+ • any scientifically-based and peer-reviewed study and 138,628 31.065 155 36,000 4,009 2 • programs allowing inmates “earned time credits” added % of total 22.4% 0.49% 11.1% 0.05% to any good time credits. U.S. General Population Deadline extensions followed.

330,697,224 15,758661 294,056 1 In BOP-managed facilities plus BOP may award these First Step community-based facilities. 4.7% 1.8% Act “earned time credits” for participation in a faith-based program, treatment or regimen BOP has been working to vaccinate susceptible to getting COVID-19 (Section 106), though BOP staff and inmates. and to not surviving it or surviving must still offer nonfaith- based it with greater infirmity post- programs which can also garner While the Attorney General had infection. earned time credits. Further, BOP release about 7,479 inmates an inmate (depending upon (about 5%) to home confinement, Federal defenders and CJA lawyers their crime or conviction) can the COVID-19 pandemic became reviewed for possible applications garner “earned time credits” the primary impetus for First hundreds of client cases, looking and additional privileges (e.g., Step Act compassionate release at presentence reports and prison increased commissary and applications. FPD offices tried to and medical records, formulating email limits) “for successful compile lists of district defendants proposed release plans after participation and completion still in BOP custody and, after contacting families. Epidemiologists of evidence-based recidivism painstakingly finding out which and medical specialists educated reduction programming.”

31 These time credits can be up Finally, March 2020 saw the review before payment. Because to 10 days credit for every 30 begin of staffing limitations, not every days of program participation studying the Report of the Ad district’s FPD office has been “or productive activities,” with Hoc Committee to Review the able to create a CJA supervisory an additional five days per 30 Criminal Justice Act Program attorney position. days for minimum or low-risk (Cardone Report) implemented offenders. Inmates and wardens interim recommendations https:// FPD offices and CJA lawyers alike can be expected to disagree www.fjc.gov/content/348307/ hope the FJC’s study will recognize whether some inmates qualify for cardone-recommendation-study- that CJA needs further legislation reductions and that litigation to overview. Called by some “the to increase hourly court-appointed extend to our courts. study of the Study,” the FJC will lawyer rates and to add locality pay review the effectiveness of the increases for CJA panel lawyers. In The First Step Act excludes any AO-approved interim measures many jurisdictions, the current rate inmates convicted of 68 specified are to CJA-related: (1) committee covers overhead and support staff. federal crimes from earned time and office structural changes, (2) credit benefits under the evidence- compensation and staffing, (3) The Administrative Office of based recidivism reduction standards for practice and training, the U.S. Courts put off some programming. 18 U.S.C. § 3632(d) (4) capital case representations, Cardone interim proposals if and (4)(D). (5) information technology, (6) until it considers Cardone’s final litigation support and interpreters, recommendation of independence Criminal Justice Act Next Steps and (7) pursuing legislative of the federal indigent defense functions from the AO. Congress In fall 2020, the House passed amendments. would need to legislate any such the Criminal Justice Act of change. 2020, but the Senate did not The Ninth Circuit supports and address its passage before that encourages the creation of CJA congressional term expired. The supervisory attorney positions in CJA of 2020 expanded judges’ several district FPD offices. The ability to order the U.S. Marshals Cardone Report recommended to arrange and pay for an out-of- these positions “to manage the custody defendant’s round trip selection, appointment, retention, to attend their court hearings (18 and removal of panel attorneys.” U.S.C. § 4285 currently specifies With supervision CJA lawyers will orders to travel to court). The be provided support, resources CJA of 2020 also specifically gave and advocacy. They also will help magistrate judges jurisdiction to the bench, many times giving a first review their own final orders and glance review of CJA vouchers judgments through writ and similar and lessening the time judges motion applications. must devote to their statutory

32 Community Outreach – A Year in Transition

As with court operations, 2020 was a transitional year for community outreach with civic education coordinators working tirelessly to stay connected to their various publics, in particular with schools accustomed to coming to the courts for field trips. This year, civic education coordinators began meeting monthly to share resources and celebrate the great work they do with their courts.

Kari Kelso, Ph.D., public education and community outreach administrator for the Ninth Circuit, held conference calls with civic education coordinators to discuss program planning for 2021. They also brainstormed on how to expand the courts’ outreach databases and how much they look Judge Jennifer L. Thurston forward to resuming field trips presiding, followed by participation virtually and in-person. Although in jury deliberations. many courts’ civic programs decreased as teachers and school The Eighth Annual Law Day districts grappled with how best Yosemite was held on May to serve their students during the 8, 2020, by video due to the COVID-19 pandemic, all districts pandemic. Magistrate Judge participated in the 2020 Ninth Jeremy D. Peterson was master of Circuit Civics Contest. ceremonies. The event included an essay contest for grammar Here are some of the Ninth school students. The theme, “The Circuit’s community outreach Photo collage, above, shows 100th Anniversary of the 19th highlights: “Constitution Selfies” that were Amendment,” focused on the right submitted by court employees The Eastern District of California to vote regardless of gender. to promote the livestreamed held Open Doors to Federal Court Constitution Day event and In a livestreamed event, the program for their Bakersfield participants of Open Doors to Eastern District celebrated courthouse before the shutdown. Federal Court program held in Constitution Day with a reading Seven high schools and one Bakersfield, California. of the United States Constitution. university participated. Held at As an exercise in understanding one of the high schools, students where we come from, the original spent the morning hearing from document was read, while noting professionals ranging from law where it has been amended. More enforcement to attorneys, and information about the event visitors included a trained drug- and the recorded livestream is sniffing K-9 and its handler. After available on the district court’s lunch, the students observed a website at http://www.caed. mock trial, with Chief Magistrate uscourts.gov/caednew/index.

33 cfm/education/constitution- Judge Kronstadt gave a in which three Girl Scout troops day/. Members of the court were presentation to Fordham University worked to earn Justice patches, asked to take a constitutional School of Law students, and Chief and a Ninth Circuit Civics Contest selfie, all of which were put into District Judge Philip S. Gutierrez kick-off Law Day event for another a collage by their court librarian hosted USC and the University of 70 high school students. and can be viewed on the Public California, Los Angles, students Information and Community regarding the Clerkship Diversity The celebration for civics contest Outreach (PICO) committee Initiative. Magistrate Judge Alka winners looked very different website at http://community.ca9. Sagar visited a group of high this year. The Central District of uscourts.gov/. In coordination school students and discussed California demonstrated creativity with the district court, Operation criminal justice issues. Before the by sending balloon bouquets along Protect and Defend had judges shutdown, District Judge George with mailed award certificates speak to students in Fresno and H. Wu, District Judge Dolly M. to winners. Approximately 80 Sacramento. Gee, Magistrate Judge Rozella A. attendees, comprising winning Oliver and retired Judge S. James students, their families and friends, District Judge John A. Kronstadt Otero participated in the Korean instructors, judges, lawyers and from the Central District of Judges Observation Program in others enjoyed the celebration. In California led several high an all-day visit to the court. For the school moot court programs in participating Korean judges, the association with the Constitutional program was a high point of their Rights Foundation (CRF) during studies in America. Many of our the year. Moot court activities courts offer similar programs for included District Judge André visiting international judges and Birotte Jr. and Magistrate Judge students. Autumn D. Spaeth. As a long- time board member of the CRF, Earlier in the year, the fairy Judge Kronstadt continues to tale mock trial of Goldilocks provide civic education leadership for elementary students was ensuring support of these conducted for 150 students from Chief District Judge Philip S. valuable educational programs, two schools. Other programs Gutierrez talks to students during the which are made available for civic included one organized by Central District’s mentoring lunch coordinators to use with visiting Bankruptcy Judge Sandra R. Klein program focused on Law Day. schools throughout the Ninth Circuit and beyond. CRF resources have been invaluable to the many school districts our coordinators reach out to teach them about the federal court system.

Judge Birotte hosted summer externs from the district attorney’s office, law students from the University of California at Irvine, Pepperdine University and the University of Southern California, and held a “meet the court” presentation with middle school students from Winward School and another for high school Bankruptcy Judge Sandra R. Klein inside her courtroom with the Girl Scouts, students. who participated in Central District’s Justice Patch program.

34 and congratulated them on their Center, a multi-prong effort essay and video entries. District to present and promote civics Judge education, was two years in the and Magistrate Judge Jill L. making and provides a look into Burkhardt of the Submission past courtrooms via an artform Review Committee also spoke and that is rarely used, replaced by commented on their experiences cameras and video livestreams. See reviewing the essays and videos page 28 to read more about the and how they felt about the topic. exhibit. Through ongoing outreach to schools, two essay winners from The District of Oregon welcomed a Genna Gams, third-place civics the Southern District won first and class of eighth-grade Advancement contest essay winner in Central third places at the circuit level Via Individual Determination District, pictured with her certificate (AVID) students from Kelly Middle and balloon gram. Gams advanced as Along with the civics contest, the School to the Wayne Lyman one of the finalists in the 2020 Ninth district partnered with the San Morse U.S. Courthouse in Eugene. Circuit Civics Contest. Diego County Office of Education The two-hour program began to participate in virtual public with courthouse tour, including service career panels. These a discussion about the artwork November, the district’s Federal panels included judges and court around the courthouse and a review Courthouse Exploration Day staff. Panel presentations were of one of the courtrooms. After continued virtually. recorded and provided to teachers the students had an opportunity The Southern District of California in the county as they taught about to familiarize themselves with the continued its participation in the the public service sector. courtroom, court staff discussed Ninth Circuit’s Civics Contest, In 2020, a new exhibit was the role of the courts as one of the though many schools switched unveiled in the Edward J. Schwartz three branches of government, to virtual learning. District Judge United States Courthouse in the distinctions between state Janis L. Sammartino, chair of the San Diego, “Portraits of Justice,” and federal court and civil and PICO Committee and chair of a courtroom sketch art exhibit criminal cases, and how typical the Outreach Committee for the intended to increase public cases are processed from filing of Southern District of California, awareness of the courts. The a complaint to filing an appeal. The honored the district contest exhibit, part of The Southern students then participated in fill- winners in a virtual ceremony District of California’s Learning in-the blank questions and word search exercises. The highlight of the program was a visit with District Judge Michael J. McShane, who remarked on the importance of jury service and on his career leading to his appointment to the bench. Students had an opportunity to ask Judge McShane questions following his presentation. Before the court entered modified operations, students from Monroe Middle School participated in half-day mock trials at the Morse Courthouse. With the assistance Eight-grade Advancement Via Individual Determination (AVID) students from of their teacher, the students Kelly Middle School, with their teacher, inside one of the courtrooms of the prepared for the mock trials in Wayne Lyman Morse U.S. Courthouse in Eugene, Oregon. advance. The trials were presided

35 Following social distancing guidelines, the , led by Chief District Judge Frances Tydingco- Gatewood, pictured left, held naturalization ceremonies at the court’s parking lot. District court and U.S. Probation Office staff also donated baskets of hygiene necessities to confined youth in the Department of Youth Affairs. over by local legal practitioners, games formulated by the iCivics of hygiene necessities, such as who provided feedback to the program. deodorant, shampoo, bodywash, students at the conclusion of the toothpaste, toothbrushes, activity. Like many of courts, Guam’s lotion and shower baskets were naturalization ceremonies took personally donated to the youth Guam Civic Outreach Spotlight on a new look. Veteran’s Day and by the District Court of Guam and Thanksgiving Day naturalization U.S. Probation Office staff. The District Court of Guam, in ceremonies were held in the partnership with the Academy court’s parking lot following social In late February, the District of Our Lady of Guam and iCivics, distancing guidelines. Other Court for the Northern Mariana launched an inaugural iCivics educational and community events Islands hosted the NMI Judiciary’s elective course for academy included hosting a Ninth Circuit annual mock trial event. Six teams students in fall 2020. The Civics Contest awards ceremony representing both private and partnership between the district and a mock trial with Guam Police public schools from the islands court, the academy and iCivics Department’s new criminalists. of Saipan and Tinian competed. marks the first partnership of its Activities also included outreach The event was the last civic event kind between an island school, the to multiple local news outlets held at the Horiguchi Building court and the iCivics organization. where Chief District Judge before the COVID-19 lockdown Through this partnership, the Frances Tydingco-Gatewood and safety procedures were students will have the opportunity and Magistrate Judge Michael J. implemented across the island in to observe court proceedings, Bordallo shared success stories early March. The district court shadow court professionals from the District Court of Guam’s looks forward to hosting future and gain knowledge about the Drug Offender Re-Entry Program mock trial competitions in its new interactions between the court and accompanied by a recent graduate, courthouse. other federal agencies. Students a reformed model citizen and the will also witness the court’s program’s therapist. Outreach In 2020, the District Court for the unique role in the naturalization was not just for K-12 youth in NMI swore in 89 new U.S. citizens of candidates for U.S. citizenship, public and private schools but also in four in-person ceremonies that learning the pathway to citizenship with the Department of Youth celebrated Martin Luther King Jr. and the responsibilities U.S. Affairs’ confined youth. In addition Day, Washington’s birthday and citizenship entails. This direct to presenting the court’s civic two special virtual ceremonies held experience with the federal education programs, hundreds at the new courthouse. judiciary will be complemented by

36 Ninth Circuit Continues Its Efforts to Ensure a Healthy and Positive Workplace

As it has for many, 2020 brought The Ninth Circuit significant changes and growth for has been a leader the Office of Workplace Relations. in improving the While the office works remotely, workplace environment its availability as a resource for in the judiciary. The all Ninth Circuit employees has circuit’s revised continued. Since its establishment Employment Dispute in January 2019, the Office of Resolution (EDR) Workplace Relations has led the Policy, implemented Ninth Circuit’s efforts to ensure in 2019, expanded the a healthy, positive and productive options for resolution workplace for all employees. to include informal In 2020, the Ninth Circuit’s Office of Workplace advice, assisted Relations welcomed Paula Raffaelli as the To better serve all 6,000 employees resolution and formal deputy director of workplace relations, left, in the 63 court units of the Ninth complaint. Additionally, and Amrita Mallik as the circuit’s first diversity, Circuit, which includes district and it added bullying as a equity and inclusion officer. bankruptcy courts, probation and form of misconduct. pretrial services offices, and federal The revised national in the collection and review of local public defender offices in the nine Model EDR Plan was adopted by court modifications for their local western states and two territories, the Judicial Conference of the EDR policies prior to approval by the office added Paula Raffaelli in United States in September 2019. the Judicial Council of the Ninth June 2020 as deputy director of This revised Model EDR Plan Circuit. This updated Ninth Circuit workplace relations. Prior to joining was heavily based on the Ninth EDR Policy has been in effect since the office, Raffaelli was deputy Circuit’s own revised EDR Policy October 2020. Title IX officer in the Office for the and similarly expanded the options Prevention of Harassment and for resolution and added abusive Following the updated Ninth Discrimination at the University of conduct as a prohibited form of Circuit EDR Policy’s requirement California, Berkeley. She returns to misconduct for all courts across to provide annual training to the Ninth Circuit, where she was the judiciary. To align itself with employees and judges to ensure previously a staff attorney and a the National Model EDR Plan, the they are aware of their rights, law clerk for Ninth Circuit Judge Ninth Circuit updated its EDR obligations and options, the Morgan Christen. Policy in 2020. The office assisted Office of Workplace Relations has increased its efforts to develop and provide training to court units. While staff had prioritized in-person outreach over the past two years to familiarize the circuit with the newly-created office, it had been unable to offer in-person trainings and presentations for employees due to the COVID-19 pandemic. Instead, the office adjusted and offered virtual, often interactive, presentations about STAND SPEAK ACT the EDR Policy, best practices for prevention of workplace Bystander intervention, along with other important tools to assist in the disputes and misconduct, recognition and resolution of workplace issues, is covered in the online “EDR prohibited misconduct and other Basics” training for employees. workplace-related topics. The

37 office also developed an online that, a senior trial attorney at the EDR training for circuit employees, Equal Employment Opportunity which includes an additional Commission. Mallik will provide module addressing the unique support and expert advice on responsibilities of managers and workplace diversity, equity and supervisors. The office is currently inclusion (DEI) matters, and she developing a similar online training will help develop DEI-related for judges who review the EDR programs and initiatives. Policy and how it interacts with the Code of Conduct for U.S. Despite the challenges from the Judges and the Judicial Conduct global pandemic, the Office of and Disability Procedures. Going Workplace Relations has been forward, the office is continuing its and continues to be committed development of targeted trainings to serving all Ninth Circuit on specific workplace topics such employees. The office continues as abusive conduct and bystander to monitor the workplace intervention. environment and develop new initiatives that will provide To further increase its efforts to employees with a safe and maintain an exemplary workplace, healthy workplace. The office and in conjunction with the has been looking to creative Strategic Plan for the Federal and virtual methods to connect Judiciary update in fall 2020, the with individuals and groups Office of Workplace Relations seeking assistance on workplace added Amrita Mallik, as the Ninth issues and concerns. While the Circuit’s first diversity, equity and work progresses, the Office of inclusion officer. Prior to joining the Workplace Relations remains office in November 2020, Mallik dedicated to ensuring the Ninth served as the first campus climate Circuit is a workplace of respect, program officer at the University civility, fairness and inclusion. of Hawaii at Manoa and before

38 Congress Weighs Judge and Courthouse Security Bills

The July 19, 2020, shooting of online profile and provides specific been conducting proactive daily Daniel Anderl, who died, and his websites and instructions to help public searches for threats. They father, Mark Anderl, who was with these steps. have been extremely generous seriously wounded at the home in sharing their procedures and they share with mother and “In early 2018, several judges successes with my team and the wife Esther Salas, United States received horrible messages AO.” district judge for the District of via the mail at their homes and New Jersey, prompted a renewed had their personal information Bennett noted the three most effort to safeguard the judiciary. maliciously posted on the internet important steps individuals can The bipartisan effort to increase (posting that information is called take to help protect themselves. security for judges and other “doxing”)” said Bennett. “No one “The number one thing judges courthouse workers was embodied government security entity could and other appointed officials can in identical bills before the House address the physical and online do to protect themselves is check and Senate but died in committee threats or provide assistance in the state statutes for redacting when the 116th Congress session understanding and reducing the personally identifiable information ended. The family members were risk. Every entity acknowledged from government databases. The shot by a disgruntled attorney the problem and provided second thing is to monitor and who, a day later, took his own life. information and advice but did not protect personally identifiable want to take on a comprehensive information by implementing a The bills included provisions for risk management program,” she credit freeze, implementing fraud curtailing the selling of personal said. alerts, signing up for the Office of information, restricting family Personnel Management identify information, providing for Bennett is offering a 75-minute theft protection, which applies enhanced security at courthouses virtual class to court units on to federal employees who were and upgrading alarm systems at protecting personal information. employed in 2014 or before and judges’ homes. The bills allow The class covers the high-level making every password unique judges to sue violators. flow of personal information from and complex. The third thing is to primary sources to criminals, remove information from the sites In late November, New what criminals can do with that legally collect and sell it (data Jersey enacted “Daniel’s Law,” personal information, step-by-step aggregators).” establishing criminal and civil recommendations for reducing penalties for publishing home the risk of criminals obtaining and As far as the legislation that addresses or phone numbers of abusing personal information and stalled, “the bills before Congress judges and prosecutors. handouts written with minimal (were) much-needed protection jargon and acronyms so that for judges,” said Bennett. “A single The September 2020 ebulletin for people can understand and follow case can put a previously unknown the Federal Magistrates Judges instructions. judge in an international and often Association (FMJA) has two unfriendly spotlight. The internet articles on judges’ security, one As for the future, “My team is offers the power of information, by Magistrate Judge Deborah M. continuing to work with a pilot mass communications and of Smith of the District of Alaska and district to proactively search for anonymity. It’s unfortunate that Magistrate Judge Douglas Arpert threats against the courts and staff the data aggregators haven’t of the District of New Jersey and using publicly available tools and proactively removed the records the other by Amy Bennett, circuit information,” said Bennett. “That’s of public officials voluntarily. Just information technology security helping us understand the because something is legal doesn’t director for the Ninth Circuit local leadership’s priorities and mean it’s right. Technology has Office of the Circuit Executive. concerns and letting us share what created extreme risk for our judges information and technological and other public officials. We need Bennett recommends a series of capabilities are available. The to use technology and pass laws to steps can be taken to reduce one’s Ninth Circuit librarians have also protect them.”

39 Pacific Islands Committee Delivers Live Trainings During the COVID-19 Pandemic

The mission of the Pacific Islands The Pacific Islands Committee who otherwise would have been Committee is to help improve the assists in the development and unavailable due to the time it administration of justice in the U.S. delivery of live training throughout takes to travel to this region. territories of Guam and American the territories and freely Trainings included an eight-part Samoa, the Commonwealth of associated states of Micronesia, series on scientific evidence, court the Northern Mariana Islands, Palau and the Marshall Islands. interpreter training, hearings via the Republics of Palau and The coronavirus pandemic had Zoom webinar and a four-part the Marshall Islands and the a major impact on the regions as webinar series on cannabis and Federated States of Micronesia. the governments of American impaired driving which was a very Working almost exclusively with Samoa, Micronesia, Palau and the popular presentation attended by the state-level courts of these Marshall Islands were quick to more than 200 participants. jurisdictions, the committee close their borders. The border develops and presents a variety closings initially were temporary, In some ways, the pandemic of judicial education and court but the closures eventually were offered the Pacific Islands professional training programs extended throughout the end Committee an opportunity to test through grants from the United of 2020. Many of the islands in out a new approach to delivering States Department of the Interior. this region have limited access training as we embark on the final The committee also collaborates to high-speed internet, so the years of the training grants. The with the Pacific Judicial Council, move to virtual training has been committee will apply these lessons an organization of judicial officers slow. There was some concern learned as it continues to balance from several island nations. that the technological challenges on-going training needs with the might not easily be overcome uncertainties of when live training The funding for training in the as the pandemic-related border can resume. Federated States of Micronesia closures extended. The Pacific and the Republic of the Marshall Islands Committee education Islands was established by the specialist began to conduct Compact of Free Association education committee meetings (2003) and funded through 2023 with the island jurisdictions in “to promote the development of May 2020 to attempt to get the the people of the Trust Territory court leadership on board with the toward self-government or technology. Though there were independence as appropriate to some glitches initially, most of the the particular circumstances of the island jurisdictions were able to Trust Territory and its peoples and participate. the freely expressed wishes of the peoples concerned.” A companion Once the use of virtual meeting technical assistance grant has technology was accepted, the been offered to provide judicial Pacific Islands Committee training in Palau, American Samoa, collaborated with the local Northern Mariana Islands and jurisdiction to bring several Guam. nationally recognized presenters

40 Ninth Circuit Technology Experts, Court Executives and Judges Participate in First Virtual IT Conference

For over 30 years, the Ninth arguments since 1997 Circuit’s Office of the Circuit and that he was on Executive has hosted an in-person the first panel. Chief IT Conference for information Judge Thomas said technology staff, court unit that the Ninth Circuit executives and judges in the circuit. did not miss a beat, Due to the risk and uncertainty switching directly to posed by COVID-19, an in-person video conferencing IT conference was not feasible. oral arguments. He Instead, the Ninth Circuit IT explained that the Committee organized the circuit’s district courts faced first virtual IT conference which more serious issues began on August 4. and now are starting to strategize on how to To accommodate IT staff residing hold jury trials safely in multiple time zones throughout and effectively. Overall, the Ninth Circuit and to avoid Chief Judge Thomas Zoom fatigue, two 90-minute believes the system sessions per week on Tuesdays has worked well and and Thursdays were held over a that the pandemic has Ninth Circuit Chief Judge Sidney R. Thomas period of four weeks. Each day, created opportunities welcomes viewers to the circuit’s first virtual IT between 120 and 200 people to reinvent how the Conference. from throughout the Ninth Circuit, courts manage the the Administrative Office of the administration of justice. U.S. Courts, and other circuits McKenny of the U.S. District attended the virtual sessions Circuit Executive Elizabeth Court for the Western District which began at 2:00 p.m. PDT in A. Smith praised all the IT of Washington, Sergio Pinto of order to accommodate the Pacific professionals and expressed the U.S. District Court for the islands and colleagues from the everyone’s gratitude for keeping Southern District of California Administrative Office of the U.S. the wheels of justice turning. She and Buz Rico of the U.S. District Courts and other circuits. During also suggested that the virtual IT Court for the Northern District of his opening remarks, Chief Judge Conference may provide a model California; Eric Selje, IT security Sidney R. Thomas reflected on for future IT communications officer, US. District Court for the having attended 24 Technology events. She was not suggesting Western District of Wisconsin; Users Group (TUG) conferences that virtual conferences could and Ben Medina, IT supervisor, (now IT Conference). substitute for live meetings U.S. District Court for the but that IT professionals might Central District of California, This year’s first digital IT take advantage of the tools to presented and provided their Conference in many ways, may communicate more frequently at a predictions of IT challenges be one of the most important national or circuit-wide level. moving forward and an overview conferences because of the of how courts/offices are providing challenges of managing through “IT Support During the Pandemic” technical support and using a pandemic. Chief Judge Thomas was the first presentation which teleconferencing solutions. In acknowledged all of the judiciary’s provided a review of the challenges addition, they presented a video IT professionals for the role IT managers faced supporting clip of judges and clerks describing they have played in continuing remote users and court/office the challenges they faced in their operations. He said that the U.S. operations. IT directors David Glab respective courts. Senior District Court of Appeals for the Ninth of the U.S. Bankruptcy Court for Judge Morrison C. England, Jr., Circuit has been videotaping oral the District of Arizona, Mary and Magistrate Judge Stanley

41 The final week was dedicated to IT security. Bankruptcy Clerk Mary Schott, of the District of Nevada and chair of the Ninth Circuit’s IT Security Committee, provided an overview of the committee’s work to support circuit-wide stakeholders. Amy Bennett, Ninth Circuit information security director, hosted the remaining security sessions and provided a serious review of the security scorecard, security assessments, mobile device management and endpoint protection. Her presentation concluded with an update on the 5-Year Independent IT Security Assessments including the updated schedule, the new virtual assessment model and trends in the Ninth Circuit and throughout the judiciary.

Ben Medina, IT Supervisor, Central District of California; Buz Rico, IT Director, The people who helped make the Northern District of California; Dave Glab, IT Director, District of Arizona; Eric conference possible included Selje, IT Director, Western District of Wisconsin; Mary McKenny, IT Director, judges, clerks, IT managers and Western District of Washington; and Sergio Pinto, IT Director, Southern District IT staff from the Ninth Circuit’s of California, speak about changes in court technology operations and support Office of the Circuit Executive during the COVID-19 pandemic. and the Administrative Office of the U.S. Courts. The Ninth Circuit Boone of the Eastern District of the District of Idaho. Grubbs acknowledged Cary Casola of California, District Judge Gloria presented on rules established the AO’s Office of Public Affairs, M. Navarro of the District of by the Hawaii District Court Video Production Services Nevada and District Judge B. Lynn concerning how social distancing Unit, for the assistance his team Winmill of the District of Idaho all was handled in the courtroom. provided in hosting and recording described the various challenges Masselli’s presentation showed the conference sessions. In total, they overcame in adjusting to the how his court used the cloud over 30 people from the Ninth new “pandemic normal.” Rico also service company Box.com to store Circuit and the AO participated in provided participants with ideas and manage the data of the U.S. the production of this conference. about how his court has used Zoom Probation and Pretrial Services The conference was hosted for conferencing and court events. Office in his district. in both Microsoft Teams and Zoom platforms, demonstrating The second week included Week three was a collection that these tools can be used by presentations on local initiatives of presentations from the all circuits in creative ways to from IT managers Erik Grubbs, of Administrative Office of the U.S. enhance communication during the District of Hawaii, and Mark Courts that included updates on these difficult and isolating times. Masselli, of the U.S. Probation NextGen and PACTS 360 and an and Pretrial Services Office for overview of Microsoft Office 365.

42 New Law Clerks Orientation Goes Virtual

In this year of firsts, the United office and offered assistance with States Court of Appeals for the everything from brief bundles to Ninth Circuit held its first virtual CM/ECF questions. “Even if I’m not New Law Clerks Orientation in the right person, I usually know how September to help law clerks to get the right answer,” she said. manage their duties and better understand the court. The remainder of the afternoon was occupied in hearing of some Chief Judge Sidney R. Thomas of the nuances of the Ninth’s en addressed the group of about banc process from Paul Keller, 140, noting that due to the death supervisory staff attorney, who of Justice Ruth Bader Ginsburg, assists Chief Judge Thomas as en Justice Elena Kagan was unable banc coordinator. to speak to the clerks as planned. Instead, a special panel with On day two of the orientation, Ninth Circuit Judges M. Margaret clerks were introduced via video McKeown, Paul J. Watford and to key members of the Office of John B. Owens shared their the Circuit Executive, including remembrances of Justice Ginsburg. Elizabeth A. Smith, circuit executive, and others. In the Senior Circuit Judge , afternoon, Lisa Fitzgerald, senior the “orientation czar,” then covered staff attorney, presented legal basic functions of the clerk job and topics via video. Ninth Circuit Chief Judge Sidney R. talked about perceptions of the Thomas, top, made remarks at the Ninth Circuit. On day three, Chief Judge Thomas beginning of the New Law Clerks and Senior Circuit Judge N. Randy The afternoon session started Orientation, along with Clerk of Court Smith discussed the environment with a “How the Courts Work” Molly Dwyer, middle, and Senior in chambers moderated by Circuit video from Molly Dwyer, clerk of Circuit Judge Jay S. Bybee, above. Judge Morgan Christen. In the the court for the Ninth Circuit, afternoon, focus switched to and Susan Gelmis, chief deputy Ninth, noting the clerks can gloat “Wisdom from the Trial Court: clerk. Dwyer noted COVID-19 about how much more work they A Conversation with Northern restrictions, mentioning the court have than their friends in other District Judges,” which included has survived earthquakes, floods circuits. Chief District Judge Phyllis J. and deaths, and would take the Hamilton, Senior District Judge latest challenge in stride, too. Gelmis then summarized critical and Magistrate calendaring information and spoke Judge Sallie Kim, moderated by Dwyer told clerks they may be to adjusted court operations. Circuit Judge Richard A. Paez. asked to come to chambers or may “With remote hearings these days, work remotely, not seeing their we sort of have it down,” she said. Day four covered workplace judge in person unless restrictions “Our courtroom deputies take relations with Judge McKeown are lifted. “But even if you don’t, at care of giving all the information to and Yohance Edwards, director of some points in your life you will be counsel, and our AV team, which workplace relations for the Ninth able to tell an excellent story about is amazing, will reach out to the Circuit. Judge McKeown joined the time you clerked for a judge panel to give them whatever links Circuit Judge Mary H. Murguia that you never saw, other than they need. The judges, at this point, to address ethics and the code of Zoom,” she said. are much more comfortable with it conduct for the federal judiciary. than they were six months ago.” The orientation wrapped up on a Dwyer went on to provide fun note with Judge Bybee’s Ninth statistics, types of cases clerks will Gelmis addressed the nuts and bolts Circuit Trivia Contest. see and the volume of work in the of communicating results to her

43 Ninth Circuit Holds First Virtual En Banc Sessions

Many courts, including the United States Supreme Court, have been hearing arguments via audio connections, but the U.S. Court of Appeals for the Ninth Circuit broke new ground when it held its first ever virtual en banc hearings September 22-24.

The 11-judge hearings, with Chief Judge Sidney R. Thomas presiding, are posted on the Ninth Circuit’s YouTube Channel. One case, George Young, Jr. v. State of Hawaii, Case No. 12-17808, heard on Sept. 24, dealt with Hawaii’s En banc panel, first three rows, hears oral arguments in George Young, laws on open carry guns. In less Jr. v. State of Hawaii, Case No. 12-17808, an appeal from the district than 24 hours, the video had been court’s dismissal of Young’s civil rights action challenging, under the Second viewed over 300 times. Other Amendment provisions, Hawaii law pertaining to the issuance of permits to cases had 166 and 244 views. A carry a concealed or unconcealed weapon. few days later, these videos had been seen by 959, 249 and 326 viewers, respectively. the virtual en banc session. “It Clerk Molly Dwyer, of the Ninth was more convenient than had it Circuit Court of Appeals, weighed Chief Judge Thomas, long a been in person due to not having in on the technical end of the proponent of allowing video to travel,” he noted. He’d still virtual hearings in the Ninth argument in appropriate cases, consider participating in virtual en Circuit, noting that they will said “To preserve the health and banc hearings after the COVID-19 occur in other circuits, if they safety of the court, court staff, crisis has passed, but “I prefer have not already begun. “Testing attorneys and the public … we being in court in person. I feel everyone’s connections up front have continued to hear virtual oral like I am a better advocate when is the biggest challenge, but we arguments and have successfully physically in front of the judges do that for all arguments, not just done so in well over 500 cases.” … but the hearing still served its en bancs,” she said. “I watched all purpose and all the points were of them and I thought they went Attorney Neal Katyal, presenting made,” Beck noted. smoothly. Our entire audio-visual for the State of Hawaii, thought staff have been the superheroes the virtual hearing was effective, Circuit Judge Kim McLane throughout this pandemic. We overall. “I thought the format Wardlaw was on the panel that couldn’t have managed without allowed the judges to ask their heard the Hawaii v. Young case: them.” questions,” Katyal said, “and there “Virtual hearings are effective wasn’t a lot of cross-talk because but no substitute for in-person One of those superheroes, the Chief Judge effectively played hearings,” she said. “In the time Kwame Copeland, courtroom ‘traffic cop.’ It felt very orderly and of COVID-19, it is necessary to technology manager for the Ninth allowed both my opponent and have virtual hearings, otherwise Circuit Court of Appeals, noted me to answer the questions to the there would be no hearings at all. “One thing that was remarkably best of our ability.” When COVID-19 is eliminated, useful was a new feature that providing there are no other allows the host to manually drag Alan Beck, who represented the impediments, I would prefer in- and drop the video windows to appellant, Young, in the same case, person arguments.” change the order they appear was a little less enthusiastic about on the screen. If you look at our

44 videos, you will see the three rows Chief Judge Thomas noted there is The Ninth Circuit has conducted of judges arranged the way they no legal impediment to conducting a survey of lawyers who appeared would be on the bench.” oral arguments by video. “We have virtually before three judge allowed parties, with the court’s panels, and the results were Copeland noted that although permission, to appear by video for overwhelmingly positive. “We may setting up the technology had its decades,” he said. “Judges have also make some changes with three- challenging moments, it is still appeared by video for argument judge panels to allow greater much easier to set up a virtual when circumstances made virtual flexibility. Once it is safe en banc hearing than to “have a personal appearance difficult or to return to the courtrooms, large group of people travel to San impossible. Most judges prefer in- we plan to resume in person en Francisco from around the United person argument because it has an banc hearings,” said Chief Judge States and meet in a big room for interactive dynamic that enhances Thomas. an hour, and then have a subset of the argument. That said, virtual that group meet in another room argument is an entirely acceptable for an hour or two.” substitute, even in en banc cases.”

45 Ninth Circuit Participates in Constitution Day Reading Led by Eastern District of California

Over 100 readers from the United and “have some fun with it as well!” “I decided to participate for States Courts for the Ninth Circuit she said. many reasons,” said Elizabeth brought the Constitution into the Olsen, a policy consultant with Itzayana Perez, a senior at the limelight on Sept. 17, 2020, when the California Senate Office of Criminal Justice Academy at Grant each read aloud a portion of that Research and president of the Union High School who hopes to great document as scores watched Woman Lawyers of Sacramento, follow a career in medicine, read a live YouTube feed. “one being my patriotism and belief for the event. that the Constitution provides “The reason I decided to read the inalienable rights, freedoms and Constitution along with others protections to all of our citizens. is the fact that it allows me to This being the centennial of the gain more knowledge; by having Women’s Right to Vote made it an multiple readers it allows a deeper extra special year.” understanding of the rights Olsen read the 19th Amendment myself and others have, along which, in 1920, gave women the with bettering my understanding right to vote. “As a woman, the of the government structure. The 19th Amendment holds a great Constitution is a way of ensuring I am Chief District Judge Kimberly J. deal of meaning to me. And leading a citizen who has rights and freedom.” Mueller of the Eastern District of an organization devoted to the California kicked off the reading of the Brian Landsberg, law professor advancement of women in the Constitution that was livestreamed on at the University of the Pacific legal profession and improving the Constitution Day 2020. McGeorge School of Law in status of women in our society, in Sacramento, read a portion of the year 2020, which also happens “Judges and lawyers take a solemn Section 2 of the 14th Amendment, to be the 100th anniversary of the oath to protect and defend the which deals with the rights of ratification of the 19th Amendment, Constitution,” said Chief District citizens. Professor Landsberg noted adds additional meaning,” she said. Judge Kimberly J. Mueller, of the the Constitution “is the basis for Eastern District of California, who our government and the rule of Mario Fox, director of the Criminal arranged for the readings. “For law in the United States. During a Justice Academy at Grant Union our system of justice to work, we period of national polarization, the High School had a number of his need everyone to understand this Constitution may serve as a basis students participate in the readings. and trust that we are faithfully for unity,” he said. “To take a phrase from Dr. Martin following the Constitution. Reading Luther King Jr., I have always the Constitution out loud, in “The Constitution is an amazing held that the Constitution is a community, reminds us of our example of the framers’ ingenuity promissory note that guarantees all solemn obligation and celebrates and care in creating our unique U.S. citizens the unalienable rights this foundational document’s form of government,” said Kevin of life, liberty and the pursuit of permanence and resilience.” Johnson, dean of U.C. Davis School happiness,” he said. of Law. “Public education about Judge Mueller was inspired to set “With this foundation, I believe that the document and its complexities students will come to understand up the reading by Supreme Court is a worthy endeavor.” Johnson Justice Anthony Kennedy (Ret.), and appreciate fully that, although read Article II, Section 2, “which we may not always be perfect, the who grew up in Sacramento and pertains to powers of the President, encourages everyone to read the United States is still the greatest including informing Congress of the country in the world and this is Constitution through, annually. State of the Union, and to ‘receive Her goals are: to celebrate the due largely to our Constitution,” he Ambassadors and other public finished. Constitution’s foundational Ministers,’ and ‘take Care that the importance, inspire the participants Laws be faithfully executed.’

46 Chief Judge Emeritus J. Clifford Wallace Celebrates 50 Years on the Bench

Chief Judge Emeritus J. Clifford Wallace, of the United States Court of Appeals for the Ninth Circuit, who still takes half of a full caseload as a senior circuit judge, has had – and continues to have – an extraordinary 50-year judicial career.

Judge Wallace was born in 1928 in San Diego and attended San Diego State College (now California State University, San Diego), graduating with honors and distinction in 1952, Chief Judge Emeritus J. Clifford Wallace, right, speaking with a delegation of majoring in economics and minoring judges from Botswana in 2012 in San Francisco. in political science. He went on to law school at the University of Supreme Court Justice Anthony to the advancement of the rule of California, Berkeley, where he was M. Kennedy (Ret.) presented Judge law and administration of justice, a member of the board of editors of Wallace with the 2005 Edward J. but his former law clerks, a number the California Law Review before Devitt Award which honors judges of who are now judges in their graduating in 1955. whose careers have been exemplary, own right, honor him as a most noting it was an honor and a pleasure compassionate man. Upon passing the California Bar, to congratulate him “for 50 years of Judge Wallace specialized in such distinguished dedicated service Senior District Judge David civil trials and eventually made to the judiciary of the United States Campbell, of the U.S. District partner. Fifteen years after he and to the rule of law. He brought Court for the District of Arizona, started his legal career, he received the rule of law, the idea of justice, the clerked for Judge Wallace in his commission as a U.S. district ideal of the dignity of judicial service 1979-80 and, even after 40 years, judge for the Southern District of halfway around the world. There has remembers “clerking for the California, initiating his 50-plus- been no judge, in my experience, in judge was a thoroughly pleasant year run as a federal judge. He this country or any other country experience. Although he was very was elevated to the U.S. Court of that has done as much as he has,” efficient and focused on getting Appeals for the Ninth Circuit in said Justice Kennedy. the work done, his office was a 1972 and was chief judge of the delightful place to work, with Ninth Circuit from 1991 to 1996, Chief Judge, and longtime friend of great staff who enjoyed their time when he took senior status. Judge Wallace, Sidney R. Thomas together. I am a trial judge, rather noted, “I have worked closely with than an appellate judge,” said Judge Wallace has been a Judge Wallace on matters of judicial Judge Campbell, “but I have tried contender for a Supreme Court administration from the time I first to follow his model of getting the position several times and was joined the Court. He has been a work done efficiently in a collegial instrumental in establishing mentor and a close friend. He has environment of cooperation and the American Inns of Court. He had an enormous and positive collaboration.” received the 2016 American Inns impact on the administration of of Court A. Sherman Christensen justice in the West. The breadth of Judge Joan P. Weber, of the San Award “for distinguished, his accomplishments in the field of Diego Superior Court, clerked for exceptional, and significant judicial administration—both in the Judge Wallace in 1980-81 and leadership to the American Inns of United States and abroad—is simply noted it “was a memorable year Court movement.” The award was astonishing.” for Judge Wallace and for me. presented at a U.S. Supreme Court Judge Wallace was one of the three Listed in 14 who’s who lists, Judge celebration hosted by Supreme finalists for an opening on the U.S. Wallace is an untiring contributor Court Justice Sonia Sotomayor. Supreme Court that year. He went

47 back to D.C. to be interviewed by procedures for coping with the using his vacations for nearly 40 years the Department of Justice and the needs of a large circuit, assisted with to work directly with judiciaries in White House, and all the clerks the first successful federal Gender over 70 countries on every continent. helped him get ready for those Fairness Task Force and organized He developed the concept of the interviews. President Reagan a second Task Force on Racial, Conference of Chief Justices of ultimately selected Justice Sandra Religious and Ethnic Fairness. Asia and the Pacific and has been a Day O’Connor for the seat, but we participant in those conferences for were all so proud of Judge Wallace.” Cathy Catterson, former clerk of more than 40 years. He is deeply the court for the Ninth Circuit, gratified to have worked directly “He has helped so many countries met Judge Wallace in 1977 while with over 70 judiciaries worldwide develop their legal systems. He working in Washington, D.C., in assisting them in improving their has spread the rule of law to for a U.S. Judicial Conference judiciaries so that the rule of law multiple continents. I have always Committee. “After my clerkship governs their countries. tried to follow his lead and get with the committee finished, Judge involved in my community and with Wallace encouraged me to apply for Another top accomplishment in organizations like the ABA, the jobs in the Ninth Circuit,” she said. which he takes great satisfaction American Law Institute and the Catterson began working for the is his work to develop a structure National Association of Women court in 1979 and became clerk of within the Judicial Conference of Judges,” added Weber. court in 1985. Six years later, Judge the United States to have more Wallace became chief judge. effective processes by which Judge James C. Dever III, now U.S. the Judicial Conference can district judge for the Eastern District “What stands out about Judge communicate and assist Congress of North Carolina, clerked for Wallace in all of his permutations,” on issues important to the judiciary. Judge Wallace in 1987-88. “Judge said Catterson, who retired in Wallace is one of the finest human 2017, “is his absolute dedication “There is something that I beings that I have ever met,” said to improving the administration learned that has made me very Judge Dever. “He is an extraordinary of justice, to make the courts content with my judicial life in husband, father, citizen and federal work better for the people who the case decisions and even more judge. I remember the extraordinary used them and for the people who importantly with my work in care with which he treated each case worked at them.” structural development – judicial and the kindness and respect that administration,” said Judge he showed to everyone. I have often Among his many accolades, Judge Wallace. “When we leave this benefited from Judge Wallace’s wise Wallace can point to a number of mortal existence, we will not be counsel since my clerkship ended.” affiliations with some of the finest long remembered. But our work, universities in the U.S. and co- if done for the right reason, will In the early 1980s, Judge Wallace chaired a Boy Scouts of America hopefully have a positive influence received a special assignment from BSA committee to develop on future generations. The best Chief Justice Burger to prepare a scouting in Black and Hispanic San advice given to me, by Harold B. study on the future of the judiciary. Diego communities. Participation Lee (a leader in his church), was, His recommendations were in his church, The Church of Jesus ‘There is no end in the amount of included in legislation resulting in Christ of Latter-day Saints, has good you can do if you do not care the Three-Branch Federal Court been an important factor in Judge who gets the credit.” Study Committee (December Wallace’s personal life, and he has 1988 to April 1990, Judge Joseph held numerous positions within the Finally, Judge Wallace has some Weis, chair). church. advice for today’s law school graduates. “I suggest you remember One of the highlights of his stellar Perhaps Judge Wallace’s greatest the words of former Justice Potter career was Judge Wallace’s chief legacy is his contribution to the Stewart when he retired from the judgeship of the Ninth Circuit from advancement of the rule of law Supreme Court: “’I would like to be Feb. 1, 1991 until March 1, 1996. As and the administration of justice remembered as a good lawyer who chief judge, he developed innovative throughout the world. He has been did his best.’”

48 Awards and Recognitions

Ninth Circuit Court of Appeals District of Arizona District of Idaho Circuit Judge M. Margaret Bankruptcy Judge Daniel P. Collins, Magistrate Judge Candy W. McKeown, elected to the American elected as a fellow of the American Dale, Best Article Award for “On Academy of Arts and Sciences, an College of Bankruptcy. “Nominees the Bench and Before the Bar: honorary society that celebrates for Fellows are extended an Diversity as a Core Value” co- the excellence of its members and invitation to join based on a record authored with Judge Dale’s law an independent research center of achievement in the insolvency clerk, Anne Henderson, Idaho that brings together leaders from process by professionals who have State Bar. across disciplines, professions and distinguished themselves in their perspectives to address significant practice and in their contribution District of Oregon challenges in society. to the insolvency field.” Magistrate Judge John V. Acosta, Frohnmayer Award for Public Circuit Judge Johnnie B. Central District of California Service, award “recognize a Rawlinson, Minority Lifetime Part-time Magistrate Judge Louise graduate, faculty member or friend Achievement Award Inductee, A. LaMothe, Joan Dempsey Klein of Oregon Law whose public The Women’s Chamber of Distinguished Jurist Award, service brings honor to the school,” Commerce of Nevada®, and Justice California Women Lawyers. University of Oregon School of Miriam Shearing Award, which The award “honors a Southern Law. “recognizes local female attorneys California judge each year, for their accomplishments and recognizing excellence as a jurist Western District of Washington contributions to the advancement and longstanding vigorous service of women in the Nevada legal Bankruptcy Judge Mary Jo and inspiration to the women community,” Southern Nevada Heston, President’s Exceptional lawyers of California. Association of Women Attorneys Service Award shared with Chief Foundation. Bankruptcy Judge Margaret M. Southern District of California Mann of the Southern District Senior Circuit Judge J. Clifford Chief Bankruptcy Judge Margaret of California for their efforts in Wallace, honored for his M. Mann, Community Service organizing a community outreach “participation in the 34th Annual Award, National Conference program, National Conference of Iranian Medical Society Nowrooz of Bankruptcy Judges, and Bankruptcy Judges. Celebration” and in recognition of President’s Exceptional Service his dedicated public service, Iranian Award shared with Bankruptcy Medical Society. Judge Mary Jo Heston of Western District of Washington for their efforts in organizing a community outreach program, National Conference of Bankruptcy Judges.

49 Administrative Changes

Brian R. Farren and his Juris Doctorate from the Deb Lucas is the was appointed as University of the Pacific’s first woman the chief United McGeorge School of Law. appointed district States probation court executive/ officer for the Dan Kilgore was clerk of court for District of appointed chief the United States Montana on Jan. United States District Court for 4, 2020. He has probation officer the District of served 22 years in the District of for the Southern Arizona on Aug. 5, 2020. Lucas has Montana, beginning his career as a District of a long history of service to the student intern in 1996. During his California on Jan. federal judiciary, spanning 35 tenure, Farren has worked as a 6, 2020. Kilgore years. She began her career in the pretrial services officer, came to the district with over 28 District of Nevada in 1985 and presentence writer and as a years of service in the federal transferred to the District of post-conviction supervision officer. judiciary. He began his career as a Arizona in 1991. Her dedication to He also has worked as a location U.S. probation officer in the the court and work ethic earned monitoring/DATS specialist and a Southern District of Ohio in 1991, her many promotions over her safety instructor for the promoted to specialist in 1993 and tenure, and she rose to several district. Prior to becoming chief, supervisory USPO in 2005. In management positions in her Farren also served in the 2008, he accepted a detail position career, including being named the leadership roles of team leader, with the Federal Law Enforcement court reporter and court supervisor and deputy chief. Training Center at their campus in interpreter manager, operations Farren is currently located in the Charleston, South Carolina, where manager and chief deputy. Prior to Billings divisional office. he was involved in the training of her appointment, Lucas served as newly hired probation officers and the court’s interim district court Keith G. Holland firearms instructors from districts executive/clerk of court beginning was appointed around the country. In 2010, on Jan. 20, 2020. clerk of court by Kilgore was selected as a the judges of the probation administrator by the Jamie L. McGrady United States Administrative Office of the United was appointed District Court for States Courts and remained at the federal public the Eastern training academy where, in defender for the District of addition to continued instruction District of Alaska California on Jan. 3, 2020. Prior to of officers and safety instructors, on Jan. 24, 2020. his appointment as clerk, Holland he led office reviews of 13 districts Prior to her served as the chief deputy clerk and was involved in the early roll appointment, from 2013 to 2020. Holland began out of various AO initiatives. In McGrady had served as an his tenure with the Eastern 2015, he was selected as the chief assistant federal public defender District over 30 years ago on Nov. U.S. probation officer in the for the District of Alaska for the 5, 1990, when he worked as the Western District of Tennessee. past seven years and as interim docket clerk to District Judge Kilgore holds a B.A. in criminal FPD for nearly a month prior to her David F. Levi. Since that time, justice from Bowling Green State appointment as FPD. Previously, Holland has served in a variety of University and an M.S. in McGrady was a Westlaw attorney positions including docketing work administration from Central consultant, and from 2003 to leader, court services supervisor, Michigan University. 2008, she served as an assistant operations supervisor, ICMS public defender for the State of administrator and operations Alaska. She is a long-time board manager. Holland received his member of Alaskan Against the Bachelor of Arts from the Death Penalty and a board member University of California at Davis of Anchorage Association of

50 Women Lawyers. McGrady Cuauhtémoc and a master’s degree in business received her B.A. in English from Ortega was administration from Suffolk Allegheny College and her law appointed as the University in Boston, degree from the University of New federal public Massachusetts. Mexico School of Law. defender for the Central District Michael Williams Monique D. Neal of California on was appointed was appointed Oct. 15, 2020. In the bankruptcy chief U.S. 2010, he joined the FPD Office in court clerk for probation and Central District—the largest FPD the United States pretrial services organization in the country Bankruptcy officer for the covering several of California’s Court for the Western District most populous counties, including Southern District of Washington on Los Angeles County, Orange of California in June 2020. Sept. 26, 2020. She has served 20 County and Riverside County. Williams has served the U.S. years in the Western District of Previously, he worked at Munger, Courts since 1991. Previously, Washington, beginning her career Tolles and Olson LLP in Los Williams served as clerk of the as an officer in 2000. As an officer, Angeles following his clerkship Bankruptcy Court for the she worked in all the disciplines with District Judge Alicemarie H. Northern District of Oklahoma for within the organization including, Stotler of the United States over 18 years. He also has served pretrial, presentence investigations District Court for the Central as chief deputy clerk in Little Rock, and post-conviction supervision. District of Calif. Ortega received Arkansas, as human resources She worked as a location his Bachelor of Arts in political specialist in Richmond, Virginia, monitoring specialist from 2011 to science in 2003 from the and started with the federal courts 2013, a supervising probation and University of California, Los in Houston as an HR assistant. pretrial services officer from 2013 Angeles, where he worked for the Williams graduated with a master’s to 2016, and as deputy chief Daily Bruin and served as its degree in public administration probation and pretrial services editor-in-chief from 2002 to 2003. from Brigham Young University in officer from 2016 to 2020. Prior to After UCLA, Ortega interned at 1990 after receiving a bachelor’s becoming chief, Neal served four The New York Times then degree from Arizona State years on the executive team for the attended Columbia Law School, University in 1988. Drug Reentry Alternative Model where he served as the executive (DREAM) program, a post-plea/ articles editor of the Columbia Law pre-adjudication drug court Review. He graduated from program. While serving on the Columbia Law School in 2007. DREAM executive team, Neal was responsible for staffing prospective Michelle Rynne participants for admission into the was appointed program, supporting and assisting the district court clients participating in the program clerk for the and reviewing and implementing United States program changes. Neal also District Court for developed the district’s Narcan the District of Program, implementing a policy Hawaii on July 6, and training program for all staff 2020. Before joining the District of regarding the use of Narcan in the Hawaii, Rynne worked for 23 years office and requiring all officers to with the District of Massachusetts, carry Narcan in the community to the last seven years as chief deputy help combat the opioid epidemic in clerk. She received her bachelor’s Western Washington. degree in business administration

51 Ninth Circuit Fairness Committee Examines Compassionate Release

The Ninth Circuit Fairness of the committee’s continuing Failing to do so could impair Committee1 is charged with examination of reported disparities the ability to accurately detect making recommendations to in sentencing² and the causes of statistical significance. The main the Judicial Council of the Ninth such disparities. The committee outcome of interest is whether a Circuit on fairness issues in was particularly interested in motion for compassionate release the administration of justice by whether racial disparities, found due to COVID-19 was granted or examining and identifying areas in its research into data from the denied. within the criminal justice system Ninth Circuit Court of Appeals, with potential racial, gender, ethnic, would manifest in compassionate Second, it is important to note that religious and similar disparities; releases. With the cooperation a major limitation of this project was proposing practices, procedures of the districts within the Ninth the availability of compassionate and policies to address and mitigate Circuit, the committee collected release data. While most districts those disparities; examining ways data on COVID-19 compassionate provided data, some districts have to address bias within the justices release rulings based on not included data for the entire system; and examining methods COVID-19 issued between study period due primarily to time of promoting diversity of judicial April and December 2020. constraints. The dataset covers officers, court executives and court The committee is particularly 14 out of 15 districts in the Ninth staff involved with the judicial appreciative of the contributions Circuit, which includes 147 judges decision-making process. from Karin D. Martin, Ph.D., and 1,307 cases filed between April and Isaac Sederbaum, M.P.A.3, and December 2020. The average As the federal judiciary faced who analyzed the data to help number of cases per district was unprecedented challenges during determine whether the results 93.4, with 23.3% of petitions being the early months of the pandemic, showed disparities and if so, the granted overall. Hence, the key the Ninth Circuit Fairness factors which accounted for those findings presented are preliminary Committee decided to embark on disparities. The preliminary key based on April – December 2020 a project in May 2020 to study findings are presented below. data acquired. in real time how judges were addressing the sudden swell in First, a brief note about the This project examines the legal and compassionate release motions methodology used. The analysis extralegal factors that influence under 18 U.S.C. § 3582(c)(1)(A) uses “multilevel mixed-effects the granting of compassionate (i) based on the “extraordinary logistic regression,” which accounts release motions. Unless otherwise and compelling reasons” for the fact that each district judge noted, all findings are statistically presented by the COVID-19 hears multiple cases and each significant. Key findings for legal pandemic. This project grew out district includes multiple judges. factors include:

Preliminary Analysis of Compassionate Release Decisions in the Ninth Circuit Court of Appeals

Summary of Factor Influence on Petition Success Increased Decreased Odds of Petition Success Odds of Petition Success No or Very Small Impact

Sex-Related Offense Conviction Government Opposition Legal Violent Offense Conviction Imposed Fraud Conviction Factors Sentence (Weapons Conviction) Remainder of Sentence

Known Health Risk Factors Race: Extralegal Black Potential Health Risk Factors Factors Age: Older Race: Asian, Latino, Other Gender: Women

Items in blue have especially large impact on odds of success/failure.

52 • Government opposition correlate with higher release and white petitioners. One trend significantly decreases the odds rates of Black petitioners. that has emerged upon closer that a compassionate release examination is that disparities motion was granted. • Latino petitioners do not have appear to manifest in groups higher odds of success even with a large number of health • Fraud and weapons convictions though more have health conditions: Black petitioners reduce the odds of success—if risk factors and are older on with a large number of health the odds are that 6 out of 20 average. conditions are granted relief at people with a drug conviction higher rates than whites. As to Women were more likely to were granted release, then the • those with fewer health conditions, have their motions granted. odds for a person with a fraud there is no apparent disparity. conviction are 3 in 20 and the • Age influences the likelihood The committee intends to explore odds are 4 in 20 (marginally of a motion being granted, with further the relationships between statistically significant) the odds of success increasing release rates by race and length of for those with a weapons with each additional year in age. sentences and types of convictions. conviction. National data suggest that Black The committee has asked the people are disproportionately • The length of the imposed researchers to look more closely impacted by higher offense sentence and remaining at the differences between Black levels in drug cases. As to other sentence very slightly increased and decreased the odds of a successful motion, respectively. Decision Summary by District

The committee acknowledges not District Total Number of Cases % Gov. Endorsed % Granted every potentially influential factor AK 115 6.5% 18.2% could be considered. These factors would include, for instance, the AZ 125 6.4% 12.0% level of COVID-19 infection at the institution where the petitioner C. Calif. 168 6.6% 18.6% resided, performance of the petitioner during post-conviction E. Calif. 353 2.9% 15.4% incarceration, assessment of N. Calif. 45 2.4% 33.3% current risk to public safety and the appropriateness of available S. Calif. 20 50.0% 95.5% release conditions and supports. Nonetheless, the committee Guam 8 12.5% 57.1% believes that based on available information, useful indicators Hawaii 176 1.7% 15.4% could be revealed. Idaho 97 4.1% 19.0%

N. Mariana Key findings for extralegal factors 2 0.0% 50.0% include: Islands Nevada 180 7.5% 26.9% • Black petitioners have much higher odds of success (2.8 Oregon 112 23.2% 55.9% times larger), and this effect appears to be driven by possible E. Wash. 86 1.2% 25.4% health risk factors, time served and disparate impact W. Wash. 194 3.5% 23.7% of COVID-19 which appear to Total 1,681 6.2% 23.3%

53 factors, perhaps unsurprisingly, health 1 Members of the Ninth Circuit Fairness 3The committee is grateful to Dr. Martin conditions that are on the Centers for Committee who worked on this project and Mr. Sederbaum for providing their Disease Control and Prevention’s list of include: Rhonda Langford Taylor, Chief expertise as a public service to the U.S. Probation and Pretrial Services Ninth Circuit Court of Appeals. Dr. factors known to increase risk of severe Officer, District of Alaska; Robert S. Martin is an assistant professor at the illness from COVID-19 significantly Lasnik, Senior District Judge, Western Daniel J. Evans School of Public Policy increased the odds of a successful District of Washington; Edward M. & Governance and an adjunct assistant motion. Initial analysis shows that the Chen, District Judge, Northern District professor in sociology at the University odds of a motion being granted doubled of California; and Miranda M. Du, Chief of Washington. Mr. Sederbaum is a Ph.D. when the petitioner had underlying District Judge, District of Nevada. student at the Daniel J. Evans School of 2See U.S. Sentencing Commission, Public Policy & Governance, University health conditions on the list of known of Washington. Arnold Ventures risk factors. Health conditions on the Demographic Differences in Sentencing: An Update to the 2012 Booker Report provided some financial support for Dr. CDC’s list of factors that may potentially (2017) (presenting key findings that Martin’s research. increase risk did not significantly sentencing length continues to be influence outcomes. associated with demographic factors).

Petitioner Characteristics by District – Extralegal Factors

District Avg. Age % White % Black % Latino % Asian % Other % Male

AK 42.3 45.2% 31.3% 7.0% 2.6% 13.9% 91.3%

AZ 45.9 29.6% 19.2% 35.2% 0.8% 15.2% 81.6%

C. Calif. 53.3 30.7% 29.5% 29.5% 9.6% 0.6% 89.2%

E. Calif. 38.5 39.1% 26.3% 26.3% 5.7% 2.6% 91.5%

N. Calif. 48.7 66.7% 24.4% 0.0% 8.9% 0.0% 95.6%

S. Calif. 49.3 70.0% 15.0% 15.0% 0.0% 0.0% 90.0%

Guam* 45.6 0.0% 12.5% 0.0% 0.0% 0.0% 87.5%

Hawaii* 48.8 28.4% 5.7% 0.6% 31.8% 1.14% 84.7%

Idaho 49.3 72.2% 1.0% 23.7% 0.0% 3.1% 88.7%

N. Mariana Islands* 37.5 0.0% 50.0% 0.0% 0.0% 0.0% 100%

NV 47.4 51.1% 37.2% 7.2% 2.8% 1.7% 92.8%

OR 50.7 80.2% 18.9% 0.0% 0.0% 0.9% 89.3%

E. Wash. 46.9 79.1% 18.6% 0.0% 1.2% 1.16% 84.9%

W. Wash. 47.9 44.8% 35.9% 10.9% 5.2% 3.1% 94.8%

Total 46.2 46.4% 23.9% 15.2% 7.0% 7.5% 95.6%

54 Sentence Mitigation Beneficiaries Spend Holidays at Home Instead of in Prison

There are a number of sentence criminal system permanently. The future was purely because of drug mitigation programs in the Ninth Court has observed the positive dependence.” Circuit that kept individuals out changes in the participants’ self- of jail thanks to the commitment esteem, confidence, and life choices Corey Endo, assistant federal of federal defenders, pretrial and as the participants proceed through defender in Washington’s Western probation officers, and their own the program and recovery.” District, often sees situations that hard work. could be handled with mitigation DREAM – Western District of processes rather than jail time. RISE – District of Nevada Washington “There are many people who would be excellent candidates Fanny Salas had been arrested, Two years ago, in December 2018, for the DREAM program (or charged with distribution of a Monique Green was arrested and similar programs), but who do controlled substance, and pled to pled to conspiracy to distribute not meet one of the criteria,” she a deal that put her in the Recovery, controlled substances. Like RISE, said. “I think it is the rare case Inspiration, Support and Excellence, the Drug Reentry Alternative in which custody is a necessary or RISE program, instituted by the Model, or DREAM, is a post- component of sentencing and most United States District Court for the plea/pre-adjudication program. people involved in the criminal District of Nevada. Successful completion leads to legal system would benefit from dismissal of charges. Out of 75 a therapeutic model,” said Endo. RISE is a post-plea/pre- accepted into the program, 63 have “These programs … are less adjudication program started in graduated. There are four people expensive than incarceration. 2019 wherein the participant currently enrolled. enters a negotiated guilty plea and his/her sentencing is held “DREAM was really awesome,” said CASA – Central District of in abeyance while completing a Green, “When I graduated from California substance use disorder program. If DREAM, the judge asked if we Marin Pedraza participated in successful, the participant has their wanted a copy of the indictment the Conviction and Sentencing charges dismissed. The program to rip up, or did we want him to rip Alternative, or CASA, program after has seven currently enrolled and it up for us. That’s basically what being charged with distribution two graduates, including Salas. happens to your indictment, it gets of methamphetamine. CASA is a ripped up, it’s gone.” post-guilty plea diversion program Salas’ participation meant she offering sanction alternatives and served no jail time and, upon District Judge Richard A. Jones, incentives to address offender completion of the program, the of the Western District of behavior, rehabilitation and charges against her were dropped. Washington, is currently the community safety. “The program gave me a second designated DREAM judge. Prior chance in my life to actually be able to joining the federal judiciary, he “Instead of them sending me to to do something with myself,” she was a judge for the King County prison, they said they would put said. Superior Court, Washington, me in this program,” said Pedraza. where he often sat as a sentencing “It allowed me to stay outside. I Magistrate Judge Nancy Koppe of judge in drug court. was able to keep and maintain my the Nevada District, who handles job that I have now, and just be on RISE cases with her colleague, “In Superior Court we would often the right track.” District Judge Jennifer Dorsey, have scheduled 12-15 sentences noted, “The research suggests that, per day,” said Judge Jones. “Many... Pedraza would “definitely” for these defendants, an intensive for people who had been convicted recommend the program to others. program that focuses on substance- for small quantities of drugs. Many “I’m just blessed that I was able to abuse treatment and career and life of these people whose lives had be accepted and graduated from skills could change their lives for been destroyed: families lost, this program.” the better and take them out of the employment lost, no hope of the

55 Space and Facilities Unit Projects on Track SPACE & SECURITY Despite COVID-19 Challenges

The Space and Facilities Unit within the an emergency preparedness and security Office of the Circuit Executive for the Ninth officer (EPSO) in September. This is a new Circuit helps manage space and facilities position which will enable the space and projects undertaken by federal courts facilities staff to provide greater support throughout the western United States to court units on emergency planning and and Pacific Islands, assisting in feasibility security matters. Over the past few months, studies, design development, contracting, the new EPSO, Eric Christensen, has construction management and occupancy focused on responding to security incidents planning. Over the last year, COVID-19 around the circuit and streamlining has had a significant impact on the work of communications with the United States this office. While many projects continued Marshals Service and other security through design and construction without partners. He has also assisted with assessing substantial interruptions, other projects recommendations for facility security incurred significant delays for a variety of committees and has helped in coordinating COVID-19 related reasons. The pandemic responses to emergency events around forced the office to quickly adopt new work the circuit. In the coming year, there will strategies to keep up with the work. be a continued focus on security matters, as well as a roll out of training and support Online Zoom gatherings replaced face- materials to assist courts with emergency to-face design meetings, and virtual site planning. visits replaced the real thing. While most of these innovations were successful and A number of important space projects will continue to be used in the future, it were completed in 2020, including a new was found that some tasks, such as the courthouse in Saipan for the U.S. District careful evaluation of construction quality Court for the District of the Northern Mariana and acoustic performance are not as easily Islands. The three-story, 35,696-square-foot handled via remote means and benefit courthouse includes a courtroom, chambers from on-site representation. In addition for two judges and a jury assembly room. It to project management-related effects, also houses offices for U.S. Probation, the the COVID-19 pandemic also generated a U.S. attorney, the U.S. Marshals Service and host of building operations concerns and the Federal Protective Service. Construction the office worked closely with the General of the courthouse was substantially completed Services Administration and the Space and in June 2020, and the courts moved from Security Committee to provide guidance to their former home in the Horiguchi Building courts on recommendations for cleaning, to the new courthouse in July. As the initial social distancing and personal protective planning for this new facility began 15 years equipment, and changes to building ago, completion of the project was a major operations to help limit the spread of accomplishment for the court, circuit and COVID-19. Lastly, the COVID-19 pandemic GSA team. deferred plans for some circuit-wide space training and long-range planning sessions Another major focus over the last year has and led many court units to pause on new been the design and construction of new plans for tenant alteration projects until the chambers for the 10 new circuit judges long-term effects of changes to workplace confirmed in 2018 and 2019. Chambers and telework strategies could be better projects were completed in Honolulu, understood. Idaho Falls and Phoenix in 2020, and work continues on other new or renovated The Space and Facilities Unit also chambers in existing courthouses and in expanded this last year with the hiring of new leased locations across the circuit,

56 United States Courthouse District of the Northern Mariana Islands Saipan Saipan

Building Details: Gross Square Footage: 35,696 Completion Date: June 2020

57 including Seattle; Carlsbad, Washington. New leases for Over the last year, the circuit also San Diego, San Francisco and Federal Public Defender offices are continued multiyear planning Pasadena, California; Portland, being sought in Anchorage, Alaska, efforts for new courthouses and Oregon; and Reno, Nevada. Phoenix and Reno. major renovation projects. Among the most significant milestones Other projects in progress in In 2020, the Ninth Circuit was the addition of Anchorage to 2020 include a project for two continued to pursue space-saving the judiciary’s national courthouse new district judge chambers and projects that will significantly construction priority list, which is one new district courtroom in the reduce the rent paid to GSA, which a critical step in one day securing Evo A. DeConcini U.S. Courthouse acts as the landlord for federal congressional funding for the project. in Tucson, Arizona, and a major buildings. The projects completed expansion project at the James in 2020 included the following: In addition, funding has been M. Carter and Judith N. Keep sought for a major renovation U.S. Courthouse in San Diego • Renovation of the ground floor project for the Tacoma Union to provide four new magistrate space in the Edward J. Schwartz Station U.S. Courthouse in judge chambers and two district U.S. Courthouse in San Diego to Washington state to address courtrooms, as well as space for the accommodate Grand Jury Suites structural concerns and aging clerk’s office. Another significant relocated from the Schwartz building systems. Work also project under design in 2020 was Federal Office Building. continues on the development of a a realignment of the Ninth Circuit • Relocation of a U.S Probation renovation project for the Richard Library in Phoenix. The circuit library Office from leased space in San H. Chambers U.S. Court of Appeals will be greatly reduced in size, and Bernardino to Riverside. building in Pasadena to address the vacated space renovated as a • Relocation of the Los Angeles similar issues. In addition, the shared chambers for senior circuit U.S. Probation Office from the circuit continues to support GSA’s judges and a visiting chambers will old U.S. Courthouse at 312 efforts to obtain funding to replace facilitate holding of regular circuit North Spring Street to the the exterior cladding of the William court proceedings in Phoenix. 300 North Los Angeles Street Kenzo Nakamura U.S. Courthouse. Federal Building. The circuit continues to work • Realignment of the U.S. Also, in 2020, the circuit worked closely with districts across the Bankruptcy Clerk’s Office with the districts of Arizona circuit on a number of lease in Eugene, Ore., releasing and Oregon to develop the renewals and renovations in leased approximately half the original requirements for new leased spaces. These included a significant space. courthouses in Flagstaff and renovation and space reduction • Release of the U.S. District Medford, respectively. There are project for the U.S. Bankruptcy Court non-resident facility in significant security concerns at Court for the Northern District of Ketchikan, Alaska. both locations. Additionally, in California in Oakland. In addition to Flagstaff the existing facility is not work in the courtrooms, chambers With the completion of these large enough to accommodate and staff spaces, this project also projects, the circuit has completed major criminal proceedings, forcing included security upgrades and the 83 projects originally included many to be relocated to Phoenix. led to the release of space that as part of the Circuit Space In Medford, the existing historic was subsequently taken by the Management Plan developed in James A. Redden U.S. Courthouse new Federal Public Defender response to the national Space has significant structural National Litigation Group. Other Reduction effort. Since the start of deficiencies and aging building locations with leasing actions that program in 2013, courts within systems that when combined with included the U.S. Bankruptcy Court the Ninth Circuit have released the security concerns, result in a in Woodland Hills, Calif., and U.S. more than 435,000 square feet of new facility being the preferred probation offices in Inglewood, space as of December 31, 2020, long-term housing solution. Whittier, and West Covina in with a resulting annual rent savings Calif., Bend, Ore., and Everett, of $13.4M.

58 Physical Security Efforts Gather Momentum

Threats and inappropriate Since USMS handles security To sum up, Christensen’s short- communications to federal judges inside the buildings and FPS covers term goals are first to clear up have nearly doubled over the last the outside, “two of the most building security issues and second five years to over 4,200 incidents complex pieces are getting FPS to improve communications in fiscal year 2020 according to the and USMS to share information,” between security service United States Marshals Service. Christensen said. “If people providers. “Our administrators are know the house next door got learning what security is about as While Congress ponders bills burglarized, they’re going to make well,” he said. They want to be sure aimed at increasing cyber and sure their house is a little bit better that they’re making good decisions physical security for judges, the prepared … and that is beauty of as we move along. If we can build Ninth Circuit is leading the way sharing information in the law a good communication system with both types of security officers enforcement world.” where we exchange information on staff. Physical security in and both up and down through the around courthouses is being Surveillance equipment aside, system, we’ll be much better off.” scrutinized and improved by Eric Christensen is also focused on the The second short-term goal is, Christensen, hired in September, human element, like making sure “emergency management training the only emergency preparedness the mailroom workers know how for our employees, making sure and security officer in the federal to spot suspicious packages. “That they know what to do in a time of judiciary. is all part of physical security,” he disaster.” said. Eric Christensen’s long-term goals Christensen, The second part of Christensen’s include improving the way security Emergency title, emergency preparedness, issues are managed within the Preparedness covers the critical element of circuit. “My hope is that in the and Security protecting people rather than long term we have a process Officer facilities. “The biggest thing we where we can prioritize where can do to protect our employees security improvements need to is to ensure they know what be made and get those security to do in a time of disaster or improvements made as a circuit.” “Our security picture is really emergency,” said Christensen. a three-legged stool,” said Knowing the procedure for each Ideally, Christensen would like to Christensen. “We rely on the U.S. kind of emergency can make all install a system now often used Marshals Service (USMS) doing the difference as to whether or in schools where each classroom their part, the Federal Protective not you are injured in one of these has a public address terminal Service (FPS) providing another events.” with small printer attached. “We leg and the General Services have to install systems where the Administration (GSA) the third In an emergency, “the federal guards can hit one button and tell leg. If one of those organizations building across the street from us all what is going on right away,” isn’t doing what they need to do, us will be trying to manage their Christensen said. “There is no we fall over. emergency and the elementary time to call people: you want to hit school down the street will be a button, run up and get the bad On the property security side, trying to manage their emergency, guy. But by hitting that button, “the hot topic that we are dealing and there is a finite number of you let the rest of us know what is with is, number one, the security responders,” said Christensen. going on.” of our facilities and the age of the “Now that might mean that Bill has hardware that we have at each to learn how to dig somebody out “We have to start at home base, facility,” said Christensen. “We of rubble or do some kind of search first, get that fixed, then start have over 150 buildings in the and rescue kind of operation and worrying about the other places. circuit.” Eric has to learn how to do basic We can fix these things without a first aid and CPR.” lot of money,” said Christensen.

59 Court of Appeals Filings and Case Terminations Increase WORK OF THE COURTS as Pending Cases Decline

The United States Court of Appeals for filings were pro se cases (those involving the Ninth Circuit continued to improve at least one self-represented litigant). its case processing times and reduce its pending caseload despite challenges Ninth Circuit district courts, which serve posed by the COVID-19 pandemic in as trial courts in the federal judicial system, fiscal year 2020. The improvements were accounted for 59.7% of new filings in FY the result of a reduction in pending cases 2020. The district courts generated 6,211 despite an upturn in new filings. new appeals, down 1.4% from the prior fiscal year. Of the total, 5,170 were civil New appeals filed with the Ninth Circuit appeals and 1,041 were criminal appeals. numbered 10,400 in FY 2020, up 2.9% Prisoner petitions involving habeas corpus, from the prior fiscal year. Appellate filings capital habeas corpus, civil rights, prison nationwide numbered 48,190, down conditions and other matters accounted 0.6% overall. Seven of the 12 geographic for 36.8% of all new civil appeals from the circuits reported declines ranging from district courts. 0.5 to 17.9%. The Ninth Circuit continued to be the nation’s busiest federal appellate Among the 15 district courts of the circuit, court, accounting for 21.6% of all new the four California courts produced 52.9% appeals nationally. of new civil appeals and 51.6% of new criminal appeals. The Central District of The Ninth Circuit disposed of 10,504 California, the busiest court in the circuit, cases in FY 2020, up 2.9%, paralleling generated 1,363 civil and criminal appeals, the increase in new filings. Six of the 12 down 8.6% from the prior fiscal year. geographic circuits reported reductions in terminations. The court’s pending caseload was reduced by 0.9% to 11,164 cases from Appellate Caseload Profile 11,268. Change Breakdown of New Appeals Caseload Measure 2019 2020 2019-20 Filings 10,106 10,400 2.9% Of the new filings, about 30.9% of all new appeals in Terminations 10,210 10,504 2.9% the Ninth Circuit involved 1Pending Cases 11,268 11,164 -0.9% immigration and other agency matters, while 44.1% of new 12019 total pending cases revised.

Ninth Circuit Court of Appeals En Banc Ballots Grants of Denials of Petitions Filed for En Banc Rehearing En Banc Rehearing En Banc Year Rehearing En Banc Ballots Sent Following a Vote Following a Vote 2020 820 29 7 22

2019 817 24 14 10

2018 955 17 8 9

2017 874 22 11 11

2016 810 33 19 14

60 Of the 1,041 new criminal Appeals of decisions by the Board fiscal year. The bulk of original appeals, 27.5% were related to of Immigration Appeals, or BIA, and proceedings cases involved second drug offenses, and 12.2% were other executive branch agencies or successive habeas corpus immigration offenses. The court continue to make up a substantial petitions, 455, and mandamus reported 286 drug offenses portion of the court’s caseload. appeals, 182. and 127 immigration offenses. Appeals of agency decisions increased The court received 133 appeals by 11.9% to 3,210 cases in FY 2020. Terminations and Pending Cases involving property offenses, 85% The BIA accounted for 95% of agency The Ninth Circuit terminated of them related to fraud. The appeals and 29.3 of the court’s total 10,504 cases in FY 2020, up 2.9% court received 154 appeals for new filings. The Ninth Circuit had from the prior year. The total offenses involving firearms and 50.2% of the total BIA appeals filed includes 5,424 civil and 1,208 explosives, of which 42 were nationally in FY 2020. criminal appeals originating in the alleged to have committed during district courts and 2,888 appeals of a violent or drug-trafficking Original proceedings and agency decisions. offense. Also reported were 111 miscellaneous applications appeals involving sex offenses commenced in FY 2020 numbered Of the total case terminations, and 81 for violent offenses. 819, up from 775 the prior 7,033 cases, or 67%, were decided

Filings, Terminations and Pending Cases by Nature of Proceeding % of 2019 2020 Change Circuit 2019 2020 Change 2019 2020 Change Type of Appeal Filings Filings 2019-20 Total Terminations Terminations 2019-20 Pending Pending 2019-20

Civil

U.S. Prisoner 442 454 2.7% 4.4% 631 445 -29.5% 398 408 2.5% Petitions Private Prisoner 1,809 1,904 5.3% 18.3% 1,652 1,842 11.5% 1,227 1,288 5.0% Petitions

Other U.S. Civil 628 652 3.8% 6.3% 597 615 3.0% 667 704 5.5%

Other Private 2,289 2,160 -5.6% 20.8% 2,187 2,522 15.3% 2,333 1,972 -15.5% Civil

Criminal 1,133 1,041 -8.1% 10.0% 1,288 1,208 -6.2% 1,236 1,069 -13.5%

Other

Bankruptcy 161 160 -0.6% 1.5% 159 197 23.9% 174 136 -21.8%

Administrative 2,869 3,210 11.9% 30.9% 2,702 2,888 6.9% 5,089 5,409 6.3% Agency Appeals Original Proceedings and 775 819 5.7% 7.9% 994 787 -20.8% 146 178 21.9% Miscellaneous Applications

Circuit Total 10,106 10,400 2.9% 10,210 10,504 2.9% 11,270 11,164 -0.9%

National Appellate 48,486 48,190 -0.6% 47,889 48,300 0.9% 38,837 38,731 -0.3% Total

Ninth Circuit as % 20.8% 21.6% 0.7% 21.3% 21.7% 0.4% 29.0% 28.8% -0.2% of National Total

Note: This table does not include data for the U.S. Court of Appeals for the Federal Circuit. Beginning in March 2014, data include miscellaneous cases not included previously.

61 on the merits, while 3,471 were terminated on procedural Sources of Appeals, Original grounds. In addition, 353 cases were terminated on the Proceedings and Miscellaneous merits through consolidation. Of the merit decisions, Applications Commenced 1,269 came after oral argument, down 8.4%, and 5,411 2020 2020 after submission on the briefs, up 3.7% from the prior year. District Commenced % of Total Excluding consolidated cases, decisions in cases terminated on the merits included 1,597 prisoner cases, 828 criminal Alaska 95 0.9% cases and 1,650 administrative agency appeals. Arizona 794 7.6% In FY 2020, cases terminated on the merits that were C. Calif. 1,363 13.1% affirmed or enforced, which includes appeals affirmed in E. Calif. 636 6.1% part and reversed in part, numbered 4,430; 632 reversed, N. Calif. 781 7.5% 59 remanded and 776 dismissed. The court’s overall reversal rate was 9.9%, compared to a national average of S. Calif. 390 3.8% 8.8%. The reversal rate was 18.8% for criminal cases; 14.6% Guam 10 0.1% for civil cases involving the federal government and 13.7 for non-government civil cases; and 5.5% for administrative Hawaii 169 1.6% agency cases. Percent reversed are not computed for Idaho 151 1.5% original proceedings because of their difference from appeals, nor are original proceedings included in the Montana 208 2.0% percentage of total appeals reversed. Nevada 661 6.4% In FY 2020, judicial panels produced 407 published Northern Mariana 6 0.1% opinions, two of them unsigned, and 6,234 unpublished Islands opinions. Oregon 337 3.2% The court’s pending caseload was slightly reduced in FY E. Wash. 135 1.3% 2020. Pending cases numbered 11,164, down .9% from FY W. Wash. 475 4.6% 2019. Of the pending caseload in FY 2020, 48.5% involved administrative appeals; 23.9% government and non- Bankruptcy 160 1.5% government civil matters; 15.2% prisoner petitions; and 10% Administrative criminal matters. Of the pending caseload, 36% had been 3,210 30.9% Agencies, Total pending less than six months, 23.4% pending six to less than IRS 41 0.4% 12 months and 40.6% pending for more than 12 months. NLRB 33 0.3% Median Time Intervals BIA 3,048 29.3% Median time intervals measure how long it takes for cases Other decided on the merits to proceed through the appellate Administrative 88 0.8% process. In the Ninth Circuit in FY 2020, the median time Agencies interval from filing of a notice of appeal to final disposition Original was 12.5 months, up from 10.8 months in FY 2019 and 11.7 Proceedings & months in FY 2018. The time interval from the filing of a 819 7.9% Miscellaneous case in a lower court to a final disposition was 32.0 months, Applications down from 33.2 months in FY 2019. The national median Circuit Total 10,400 time intervals in FY 2020 were 9.1 months from notice of appeal to final disposition by a circuit court of appeals and 30.4 months from the filing of a case in a lower court to final disposition by a circuit court.

Once an appeal was fully briefed, Ninth Circuit judges decide all types of cases fairly quickly. In FY 2020 the median

62 time interval for panel decisions was appeals opened during FY 2020. Pro up the bulk of the terminations. 1.7 months, up from 1.2 months in se appeals involving federal and state FY 2019, for a case in which oral prisoner petitions numbered 1,920. En Banc Cases argument was held, and remained at Pro se appeals involving agency En banc courts, which consist of about six days for cases submitted on appeals numbered 891 making up 11 judges rather than three, are briefs. 19.4% of all new pro se filings. convened quarterly to resolve intra-circuit conflicts of law or The court terminated 4,354 pro se Pro Se Filings and Terminations other legal questions of exceptional appeals in FY 2020, up .3% from the Pro se appeals involve at least one importance. In 2020, some en prior year. Of that number, 2,734 party who is not represented by banc cases were heard using video were terminated on the merits after counsel. In FY 2020, new appeals by connections to avoid transmission oral argument, submissions on the pro se litigants numbered 4,590, up of the COVID-19 virus. During the briefs or by consolidation. Prisoner 2.2% from the prior fiscal year. Pro se fiscal year, the court received 820 petitions and agency appeals made litigants accounted for 44.1% of all petitions seeking en banc review, up just three from 2019. Active judges Median Time Intervals in Months for Cases Terminated of the court voted on 29 en banc requests, granting en banc review in on the Merits seven, half as many as 2019. Number of Months During the calendar year, nine en Ninth Circuit National banc courts were convened. Oral By Stage of Appeal 2019 2020 2019 2020 arguments were heard in four – 1From Filing of Notice of three virtually, one in-person – and Appeal or Docket Date to 9.0 9.2 5.6 5.7 five were submitted on briefs. Filing of Appellee's Last Brief Death Penalty Cases From Filing of Appellee's The court ended calendar year Last Brief to Oral 9.3 11.0 4.1 4.2 Argument or Submission 2020 with 71 pending death penalty on Briefs appeals resulting from crimes in four states: California, 35 cases; From Oral Argument Arizona, 21; Nevada 13; and Idaho, to Last Opinion or Final 1.2 1.7 2.2 2.3 Order 2. Within the circuit, another 728 death penalty cases were pending From Submission on in federal trial courts and state Briefs to Last Opinion or 0.2 0.2 0.4 0.4 supreme courts. There were 942 Final Order prisoners on death row. Since 1976, 1From Filing of Notice of there have been 75 executions by Appeal or Docket Date 10.8 12.5 8.8 9.1 states within the circuit. to Last Opinion or Final Order Contributions by Active, Senior From Filing in Lower and Visiting Judges Court to Last Opinion or 33.2 32.0 29.3 30.4 The court ended FY 2020 with 29 Final Order in Appeals Court active circuit judges and 17 senior circuit judges. Of the 6,680 written Note: This table does not include data for the U.S. Court of Appeals for the Federal opinions, excluding consolidations, Circuit. Beginning in March 2014, data include miscellaneous applications not issued by the court in FY 2020, included previously. Cases terminated include appeals, original proceedings and miscellaneous applications. 58.5% were authored by active circuit judges, 33.7% by senior 1Docket date is used when computing the median time intervals for original judges and 7.8% by visiting judges proceedings, miscellaneous applications and appeals from administrative agencies. sitting by designation.

63 District Courts See Slight Decline in Total Filings

United States district courts with 11,962 cases. Criminal criminal cases was 13,862, down serve as the trial courts in the cases terminated during the year 24.6% from FY 2019. The majority federal judicial system and have numbered 11,912, down 20%. The of the defendants, 13,086, were jurisdiction to consider civil and courts’ combined pending criminal charged with felony offenses. criminal matters and other types caseload was 14,654, down 0.6%. Defendants charged with drug of cases. A district court operates offenses numbered 4,647. They in each of the 94 judicial districts in All 15 district courts in the nine accounted for 33.5% of total the nation. western states comprising the criminal defendants in the circuit. Ninth Circuit reported fewer Of the total drug offenses, 160 The combined caseload for the 15 criminal filings in FY 2019. involved marijuana and 4,487 district courts within the Ninth Overall, criminal filings were down involved all other drug offenses. Circuit decreased slightly in fiscal 24.6%. The biggest decrease year 2020. Total new civil and percentagewise was in the District Criminal defendants charged with criminal filings numbered 59,995, of the Northern Marianas Island immigration offenses numbered down 9.1% from FY 2019. Total down 37.5%, dropping from 16 to 5,239, down sharply by 32.2% in cases terminated was 63,810, 10 filings. FY 2020. Immigration offenses up 4% while total pending cases accounted for 37.5% of all criminal were down 5.8% to 63,921. The The Central District of California defendants. Of the total, 4,025 circuit accounted for 11.3% of all was down 28.8%. “The drop in defendants were charged with filings nationwide, which totaled criminal case filings in the Central improper reentry into the United 530,465, up 42.3% from 372,906 District is related directly to States. total filings in FY 2019. the fact that grand juries were suspended for many months last The Southern District of California The effects of the COVID-19 year due to COVID-19,” said Kiry had the largest numbers of virus were felt throughout the Gray, district court executive and defendants, 4,738, of whom 4,267 federal judiciary. Criminal cases clerk of the court for the Central were charged with immigration were delayed when incarcerated District of California. and drug offenses, 90% of the and other accused were unable total. The district reported to meet with their lawyers due The Eastern District of California 1,770 defendants charged with to social distancing needs. In was down 22%; the District of immigration offenses, down 41.8% addition, most districts in the Guam was down 34.6, a drop from FY 2019. Ninth Circuit greatly limited in- of 18 cases; the District of person hearings. Jury selection Hawaii was down 22.9%; closely Defendants charged with drug was problematic until technology followed by the Eastern District offenses in the Southern District was mastered to allow for it and of Washington, down 25.5%. The of California increased by19.4% to concerns about both juries’ ability District of Arizona, down 28.2% 2,497 cases. The Southern District to see evidence and attorneys to from 5,350 to 3,839. of California had 33.8% of all see jurors’ reactions, all resulted defendants in the circuit charged in a reluctance to hold criminal The Southern District of California with immigration offenses and trials. Civil trials were adapted to reported the greatest number 53.7% of all defendants with drug remote proceedings fairly quickly of criminal filings at 4,186, down offenses in the circuit. and criminal trials were held in 17.8% from 5,092 in FY 2019. some courts, almost always with a Ninth Circuit district courts The Ninth Circuit accounted for remote access component. reported 980 defendants charged 20% of the new criminal filings with property offenses, down Criminal Caseload and nationally, which numbered 33.6%. Under this category, Defendants 59,884, down 20.2% from FY defendants charged with fraud 2019. were most numerous, totaling District courts in the Ninth Circuit 788, followed by burglary, larceny reported a substantial decrease In the Ninth Circuit, the total or theft, 123; embezzlement, 33; in criminal filings, down 22.5% number of defendants involved in

64 U.S. District Courts - Criminal Defendants Commenced (Excluding Transfers) by Offense and District

AK AZ CAC CAE CAN CAS GU HI ID MT NV NMI OR WAE WAW 2019 2020 2019-20

Violent Offenses

Homicide 0 22 5 0 2 1 0 0 0 7 1 0 0 3 1 60 42 -30.0%

Robbery 3 5 7 0 3 4 0 4 6 0 8 0 16 0 0 84 56 -33.3%

Assault 2 58 12 1 3 18 0 0 8 31 3 0 23 9 12 266 180 -32.3%

Other 2 19 20 8 9 8 0 6 1 2 6 0 13 10 4 148 108 -27.0%

Property Offenses Burglary, 1 5 39 8 11 6 3 3 10 4 8 0 13 6 6 166 123 -25.9% Larceny &

Embezzlement 2 3 16 1 2 2 0 1 0 2 0 0 3 0 1 48 33 -31.3%

Fraud 11 26 213 39 60 209 8 23 17 15 48 11 44 14 50 1,209 788 -34.8% Forgery & 0 1 0 0 1 2 0 0 9 0 0 0 2 10 1 35 26 -25.7% Counterfeiting

Other 0 0 0 0 0 0 0 1 0 0 3 0 6 0 0 19 10 -47.4%

Drug Offenses

Marijuana 3 75 14 14 23 17 0 0 5 2 0 0 6 1 0 231 160 -30.7% All Other 53 346 345 161 212 2,480 17 68 121 142 111 0 152 113 166 4,839 4,487 -7.3% Drugs

Firearms and Explosives 71 54 161 82 106 53 1 25 45 123 111 0 99 29 50 1,249 1,010 -19.1% Offenses

Sex Offenses 16 60 50 29 23 40 1 6 42 32 19 0 38 18 36 459 410 -10.7% Justice System 1 12 9 3 8 45 0 4 3 0 8 0 4 7 0 136 104 -23.5% Offenses Immigration Offenses Improper Reentry by 0 2,628 89 24 12 1,021 0 5 47 8 35 0 71 66 19 5,549 4,025 -27.5% Alien Other 0 443 5 0 1 749 7 1 0 5 0 1 0 1 1 2,174 1,214 -44.2% General 4 15 38 4 22 17 0 4 4 3 7 0 38 2 23 213 181 -15.0% Offenses Regulatory 3 17 10 0 8 66 1 9 1 0 3 0 5 0 6 198 129 -34.8% Offenses All Offenses 172 3,789 1,033 374 506 4,738 38 160 319 376 371 12 533 289 376 17,083 13,086 -23.4% Total

65 U.S. District Courts: Weighted and Unweighted Filings Per Authorized Judgeship

Weighted Filings Per Judgeship Unweighted Filings Per Judgeship

Authorized Supervision 2020 2019 Change Supervision 2020 District Judgeships Civil Criminal Hearings Total Total 2019-20 Civil Criminal Hearings Total

Alaska 3 113 88 0.1 201 229 -13.9% 123 59 0.7 183

Arizona 13 217 190 8.3 415 800 -48.1% 261 313 102.6 676

C. Calif. 28 643 57 1.6 702 681 3.1% 572 40 19.6 632

E. Calif. 6 604 91 3.0 698 730 -4.4% 705 67 34.2 806

N. Calif. 14 551 58 3.1 612 599 2.2% 511 38 38.1 587

S. Calif. 13 196 421 7.5 625 634 -1.4% 196 366 93.1 655

Hawaii 4 145 65 3.1 213 240 -11.3% 144 40 37.5 221

Idaho 2 261 219 5.4 485 538 -9.9% 296 162 64.5 523

Montana 3 202 191 10.7 403 380 6.1% 211 127 83.7 421

Nevada 7 388 78 3.2 469 467 0.4% 424 56 29.9 510

Oregon 6 304 130 5.6 440 449 -2.0% 365 99 69.7 534

E. Wash. 4 158 94 10.4 263 298 -11.7% 222 74 125.5 421

W. Wash. 7 380 88 2.5 470 462 1.7% 447 84 27.9 559

Circuit 110 4,162 1,770 64.5 5,996 6,507 -7.9% 4,477 1,525 727.0 6,728 Total

Circuit - 320 136 5.0 461 501 -7.9% 344 117 55.9 518 Mean

Circuit - 261 91 3.2 469 467 0.4% 296 74 38.1 534 Median

National - 688 133 3.6 549 549 0.0% 898 108 37.0 1,043 Mean

National 673 554 124 3.1 535 535 0.0% 676 109 32.6 818 Total

Note: Case weights are based on the 2015 district court case weighting system approved by the Judicial Conference of the United States for use after December 2015. Data for the territorial courts are not included. This table excludes civil cases arising by reopening, remand or transfer to the district by the order of the Judicial Panel on Multidistrict Litigation. This table includes defendants in all criminal cases filed as felonies or Class A misdemeanors but includes only those defendants in criminal cases filed as petty offenses that were assigned to district judges rather than magistrate judges. Remands and reopens for criminal defendants are excluded. This table includes trials conducted by district and appellate judges only; all trials conducted by magistrate judges are excluded. Sentencing hearings are excluded. Due to rounding, subtotals may not equal totals.

66 forgery and counterfeiting, 26; and 10 for other property offenses. U.S. District Courts - Total Criminal and Civil Cases Filed, Terminated and Pending In the Ninth Circuit, defendants charged with firearms and Caseload Measure 2019 2020 2019-20 explosives offenses numbered Civil Filings 50,538 48,033 -5.0% 1,010. Total number of defendants charged with violent offenses, which Criminal Filings 15,439 11,962 -22.5% includes homicide, robbery, assault Total Filings 65,977 59,995 -9.1% and other violent offenses, was 386 Civil Terminations 46,443 51,898 11.7% down 30.8% in FY 2020. Criminal Terminations 14,889 11,912 -20.0% Total pending criminal caseload Total Terminations 61,332 63,810 4.0% numbered 14,654, down 0.6% from FY 2019. Six of the 15 district courts ¹Pending Civil Cases 53,132 49,267 -7.3% in the circuit reported a drop in Pending Criminal Cases 14,749 14,654 -0.6% criminal caseload. ¹Total Pending Cases 67,881 63,921 -5.8% Civil Caseload ¹Civil Case Termination 13.73 11.39 -17.0% During FY 2020, Ninth Circuit Index (in months) district courts reported fewer new civil filings but terminated more Criminal Case Termination 11.89 14.76 24.1% cases ending the year with lower Index (in months) pending caseloads. New civil filings dropped by 5% to 48,033. Case ¹Overall Case Termination 13.28 12.00 -9.6% terminations numbered 51,898 Index up 11.7% from FY 2019. Pending caseload was 49,267 down up 7.3%. Median Time Intervals in Months from Filing to Disposition Civil matters accounted for 80.1% Civil Cases 7.2 8.6 19.4% of total caseloads in the district Criminal Defendants 5.6 6.2 10.7% courts. Civil Cases National 10.8 8.9 -17.6% New private civil cases numbered Average 39,495 and accounted for 82.2% Criminal Defendants 6.7 7.0 4.5% of all new civil filings in the Ninth National Average Circuit. Major categories of new Note: Median time interval from filing to disposition of civil cases terminated private civil filings were civil rights, excludes land condemnations, prisoner petitions, deportation reviews, recovery 10,033 cases; personal injury, 9,701; of overpayments and enforcement of judgments. Includes cases filed in previous prisoner petitions, 8,127; contracts years as consolidated cases that thereafter were severed into individual cases. cases, 4,996; intellectual property, For fiscal years prior to 2001, the data included recovery of overpayments and 2,217 and labor matters, 1,959. enforcement of judgments. Median computed only for 10 or more cases. Median time interval from filing to disposition for criminal defendants includes defen- dants in all cases filed as felonies or Class A misdemeanors but includes only those The U.S. was a party to 8,538 new defendants in cases filed as petty offenses that were assigned to district judges civil filings, accounting for 17.8% of rather than magistrate judges. Median computed only for 10 or more defendants. the total new civil caseload in Ninth Beginning March 2012, the median time interval is computed from the proceeding Circuit district courts. Among the date for a defendant (e.g., the date an indictment or information was filed) to the matters involving the government, date on which the defendant was found not guilty or was sentenced. Previously, the median time interval was computed beginning with the defendant’s filing Social Security cases were most date. Therefore, data for March 2012 and thereafter are not comparable data for numerous, 4,635 or 54.3% of previous periods. the total U.S. civil cases in the

67 Ninth Circuit. Prisoner petitions The District of Guam saw the followed with 1,682 cases or largest percentage drop, 71.1%, 19.7%. Other categories were but numbers were relatively tort actions, 425 cases; civil rights, low−152 in 2019 to 44 in 2020. 268 cases; and forfeitures and The Central District of California, penalties, 139 cases. which ranked first in number of civil cases filed in the circuit Prisoner petitions totaled 9,548 and third in the nation, reported or 19.9% of all new U.S. civil 16,461 cases, an increase of 947, filings. About 83.7% or 7,992 of or 6.1% from FY 2019. all prisoner petitions were initially filed pro se. The federal trial courts Case Processing Times in Arizona and California had the Civil case processing times in most prisoner petitions. the district courts of the Ninth New civil filings increased in 10 Circuit were up to an average of of the 15 district courts of the 8.6 months from the prior fiscal Ninth Circuit. The District of year but somewhat better than Arizona saw a 48.3% increase in the national median time of 8.9. 2019, and in 2020 a 57.7% drop That 8.9% increase is more than of 4,762 new civil filings to 3,490. matched by a caseload increase of The sharp decline in civil filings in 16.6%. the District of Arizona was a result Many criminal cases are disposed of a huge multidistrict litigation of either through a guilty plea or (MDL) case that closed,” said dismissal of the charges. In the Debra Lucas, district executive and Ninth Circuit, the median time clerk of court for the District of from filing to disposition was 6.0 Arizona. months for pleas and 8.1 months for dismissals. Median times for In the Central District of criminal defendants who went to California, “there was a significant trial improved in FY 2020 to 9.4 increase in Social Security appeals months from 10.2 months in FY and ADA case filings. Social 2019 for a bench trial before a Security appeals cases rose 50% judge but increased for jury trials from 814 in 2019 to 1,212 in from 16.9 months in 2019 to 2020; ADA cases rose 26% from 19.6 months in 2020. The median 3,629 in 2019 to 4,581 in 2020,” time for all dispositions was 6.2 said Gray. months.

68 Bankruptcy Courts See Strong Downturn in Filings Across the Board

All bankruptcy courts in the “The Tenant, Homeowner, and Filings were down, but there were Ninth Circuit experienced a drop Landlord Act places specific limits still over 31,000 new cases in 2020 in new filings in 2020 ranging on a landlord’s ability to evict a and, despite COVID-19 restrictions, from 2.5% to 51.8%, mirroring a tenant and a mortgagor’s ability the Court was determined to provide nationwide trend. An expected to foreclose on a homeowner. access to justice to all litigants increase in bankruptcy cases Additionally, Gov. Newsom and implemented procedures and due to the economic impact of issued $600 stimulus payments initiatives to continue to keep cases the COVID-19 virus did not to California residents who met flowing. materialize. the requirements. As threatened loss of a home or business is a Other bankruptcy courts in the New bankruptcy filings in the common precipitating factor for circuit have taken similar measures circuit numbered 102,876, down bankruptcy filings, these laws to provide services to all litigants. 17.9% from the prior year when have given people an opportunity “I know my colleagues have done filings were 125,347. Filings to either find new employment many similar things,” said Kathleen J. nationwide were down sharply, or delay filing while they see if Campbell, executive officer/clerk of 21.1% to 612,561 from 776,674 they can recover,” the report court, U.S. Bankruptcy Court for the in FY 2019. continued. Central District of California. “We

The Central District of California, which ranks first in Ninth Circuit Bankruptcy Courts bankruptcy filings nationwide and in the circuit, had the largest 2019 2020 Change numerical drop, going from District Total Filings Total Filings 2019-20 37,911 in FY 2019, to 31,042 in Alaska 426 337 -20.9% FY 2020, down 6,869 cases. Arizona 16,950 14,519 -14.3%

“Despite pandemic predictions, C. Calif. 37,911 31,042 -18.1% our bankruptcy filings decreased approximately 18% from FY E. Calif. 15,123 12,279 -18.8% 2019 to FY 2020,” according N. Calif. 8,234 6,586 -20.0% to an analysis supplied by the S. Calif. 7,995 7,002 -12.4% U.S. Bankruptcy Court for the Central District of California. Guam 170 82 -51.8% Hawaii 1,650 1,609 -2.5% “This may be attributable to national and local initiatives Idaho 3,746 3,006 -19.8% such as the Coronavirus Aid, Montana 1,347 994 -26.2% Relief, and Economic Security (CARES) Act and the Tenant, Nevada 9,962 8,309 -16.6% Homeowner, and Small Landlord ¹N. Mariana Is. 4 1 - Relief and Stabilization Act of 2020 (Tenant, Homeowner, and Oregon 8,986 7,374 -17.9% Landlord Act),” the report added. E. Wash. 3,500 2,584 -26.2% “The one-time cash payments, increased unemployment W. Wash. 9,343 7,152 -23.5% benefits, and small business Circuit Total 125,347 102,876 -17.9% loans appear to have kept people 1 afloat so that filing bankruptcy Percent change not computed when fewer than 10 cases reported for the previous period. could be avoided or delayed.

69 worked together throughout the video appearances via Zoom.gov. Other adaptations include new pandemic to share ideas and best Video appearances required new means for electronic exhibit practices … and all continued to equipment, new procedures for submissions, and software was serve the public and provide access litigant check-in and development adopted by some for review to justice.” of training materials for judges, of exhibits and related case court staff, attorneys and the information. The court extended Measures taken in the Central general public. In a nine-month deadlines, allowed flexibility on District included telephonic span in 2020, the court hosted filing fee payments and took many appearances immediately after the 2,172 meetings for a total of other steps to ease the impact of court’s first closure in March 2020, 1,352,693 minutes involving over COVID-19 on all concerned. and the court quickly implemented 23,000 participants. Of the 15 judicial districts in the Ninth Circuit, 13 are served by a Business and Nonbusiness Bankruptcy Cases bankruptcy court—district judges preside over bankruptcy cases Commenced by Chapter of the U.S. Bankruptcy Code in the Districts of Guam and the Change Northern Mariana Islands. ²Predominant Nature of Debt 2019 2020 2019-20 The districts of Guam and the Business Filings Northern Marianas Islands had the Chapter 7 3,191 2,886 -9.6% largest drop-offs percentagewise, with Northern Marianas Islands Chapter 11 692 761 10.0% showing a drop of 75%, but that Chapter 12 65 59 -9.2% was a reduction from four new cases in FY 2019 to only one in FY Chapter 13 376 239 -36.4% 2020, while Guam had a 51.8% Nonbusiness Filings drop, going from 170 new cases to Chapter 7 93,003 80,523 -13.4% 82, a drop of 88 filings. Chapter 11 385 274 -28.8% The Eastern District of Chapter 13 27,632 18,122 -34.4% Washington and the District of Montana had the next largest ²Total 125,344 102,864 -17.9% decreases, handling 26.2% fewer Terminations 128,218 117,248 -8.6% new filings in FY 2020, a reduction of from 3,500 to 2,584, or 916 ¹Pending Cases 115,828 101,448 -12.4% cases, and 1,347 to 994, or 353 Note: Due to differences among districts in reporting intra-district transfers, the cases, respectively. The Western total provided above for cases pending at the end of the last reporting period may District of Washington followed not equal the number obtained by adding totals for cases pending at the end of with a drop of 23.5%, going from the prior period plus cases filed during the current period, then subtracting cases 9,343 to 7,152 new filings. New terminated during the current period. The United States territorial courts assume the jurisdiction of the U.S. bankruptcy courts within their respective territories, filings in the Alaska District which do not have separate bankruptcy courts. dropped from 426 to 337, or 20.9%, followed by the Northern ¹2019 pending cases revised District of California at 20%, ²The following filings are not reflected in the total business and nonbusiness which went from 8,234 to 6,586, bankruptcy cases commenced for fiscal years 2019 and 2020: or 1,648 cases. Fiscal Year 2019: Northern Calif. (Chapter 15=3) Fiscal Year 2020: Central Calif. (Chapter 15=2), Northern Calif. (Chapter 15=1), Idaho saw a reduction of 19.8%, Hawaii (Chapter 15=2), Idaho (Chapter 9=1), Oregon (Chapter 15=6) 740 cases, or 3,746 to 3,006

70 new filings in FY 2020, Eastern or 17.8% of all bankruptcy filings The Central District of California District of California had a drop of in the circuit. Chapters 11 and 15 terminated 35,252 cases or 30% 18.8%, logging the second highest filings made up the remainder. of all cases closed in the circuit. numerical drop of 2,844 fewer The District of Arizona had filings, from 15,123 in FY 2019 to Pro Se Bankruptcy Filings 15,667 cases closed or 13.4%; the 12,279 in FY 2020. New bankruptcy Bankruptcy cases filed by parties who Eastern District of California had filings in Oregon were down 17.9% do not have legal counsel are pro se 13,705 cases closed or 11.7%; the from 8,986 to 7,374 in FY 2020, a filers, whose cases result in frequent Western District of Washington reduction of 1,612 cases. dismissals because they often are had 8,976 cases closed or 7.7%; not familiar or lack understanding and the Northern District of Nevada District filings dropped of the law and legal procedures. In California had 8,255 cases closed 16.6%, from 9,962 to 8,309, or general, pro se filers require more or 7%. The districts of Alaska, 1,653 fewer cases, followed by staff time to process their cases. Southern California, Guam, Hawaii, Arizona, down 14.3%, a reduction Idaho, Montana, Nevada, Northern of 2,431 cases from 16,950 in FY Bankruptcy filings by pro se Mariana Islands, Oregon and 2019 to 14,519 in FY 2020. The debtors in the Ninth Circuit Eastern Washington made up the Southern District of California had decreased sharply by 34.2% to remaining 35,393 cases terminated a 12.4% drop in cases, from 7,995 10,905 in fiscal year 2020. Pro se in the circuit. to 7,002, or 993 fewer new filings. filers accounted for 10.6% of all Hawaii saw a meager 2.5% drop bankruptcy filings in the circuit Pending cases in the circuit were from 1,650 to 1,609, or 41 cases. in FY 2020. The Central District reduced to 101,448 or by 12.4% of California had the most new in fiscal year 2020 compared to New bankruptcy filings by bankruptcy cases in the nation FY 2019. The Central District of nonbusiness filers were down at 31,042, and also reported California had 22,668 pending across the board in the Ninth the highest number of pro se cases, down 15.7%; the District of Circuit in fiscal year 2020. Total bankruptcy cases nationwide with Arizona with 18,347 cases, down nationwide nonbusiness filings, 3,523 new filings, accounting for 5.9%; the Northern District of which involves individual debtors, 32.3% of all pro se bankruptcy California with 10,930 cases, down numbered 590,170 or 96.3% of filings in the circuit. 13.3%; and the Eastern District all new bankruptcy filings in the of California with 10,772 cases, U.S. Total nonbusiness filings in The District of Arizona ranked down 11.7%. Total pending cases the circuit were down by 18.3 to fourth nationwide with 2,293 nationwide numbered 906,738, 98,919 new filings, accounting for pro se filings, down 27.2% from down 10.7% from FY 2019. 96.2% of all new filings in the circuit. the prior fiscal year. Filings in the Eastern District of California Reappointments New business and nonbusiness were down by 30.1% to 1,579 and Chapter 7 filings were most In 2020, judges of the United the District of Nevada was down numerous in the Ninth Circuit, States Court of Appeals for the 37.4% to 706 cases. Decreases where filings numbered 83,409 or Ninth Circuit reappointed three were reported in all other districts 20.2% of all Chapter 7 filings in the bankruptcy judges to a second except Guam, which went from one nation and 81.1% of all new filings 14-year term. Judges reappointed filing in 2019 to four in 2020. in the circuit. were Victoria S. Kaufman of the Central District of California on Termination and Pending Cases Chapter 13 filings, which allow May 2, Roger Efremsky of the individuals with regular income to In the Ninth Circuit, bankruptcy Northern District of California develop a plan to repay all or part cases terminated totaled on August 1 and Mike Nakagawa of their debts, numbered 191,396 117,248, or 16.3 % of the of the District of Nevada on nationally. In the Ninth Circuit, new 721,251 bankruptcy cases closed September 1. Chapter 13 filings totaled 18,361 nationwide in fiscal year 2020.

71 BAP Sees Jump in Pro Se Caseload While Navigating Pandemic

The Bankruptcy Appellate Panel FY 2019. The BAP handled 47% down 15% compared to FYE operates under authority of the of all bankruptcy appeals, and the 2019. Judicial Council of the Ninth district courts handled 53%. Circuit to hear appeals from the Pro Se Appeals bankruptcy courts of the circuit. Dispositions After a decade of pro se filings All district courts within the Ninth The BAP disposed of 362 accounting for between 45% to Circuit have issued general orders appeals, a 3% increase from FY 55% of new appeals, BAP pro se providing for the automatic referral 2019. Of those, 126 appeals filings increased to 60% of new of bankruptcy appeals to the BAP. were merits terminations. Oral appeals in FY 2020, a 9% increase However, if any party files a timely argument was held in 100 from FY 2019. By fiscal year end, election, the appeal is transferred appeals, and 26 appeals were the BAP pro se caseload had to the appropriate district court submitted on briefs. The BAP increased from 48% to 56% of according to the consent rule. published 16 opinions, 13% of pending appeals. merits decisions. The reversal Six bankruptcy judges from the rate was 7%. The percentage Appeals to the Ninth Circuit circuit are appointed to serve of cases either reversed or seven-year terms on the BAP; each Appeals from a bankruptcy remanded was 16%. The median BAP judge may be reappointed decision of either the BAP or time for an appeal decided on the to an additional three-year term. a district court may be filed merits was nine months. Of the In their appellate capacity, BAP with the court of appeals for remaining 236 closed cases, two judges are precluded from hearing second-level appellate review. were terminated by consolidation matters arising from the districts In FY 2020, 160 second- and 57 were transferred to the in which they are designated to level appeals were filed, an district courts after appellee hear bankruptcy cases. increase of 4% compared to elections or in the interest of FY 2019. Of these, 75 were justice. The balance of 177 appeals from decisions by New Filings closed appeals were terminated the BAP and 85 were from on procedural grounds, such For the fiscal year ending decisions by the district as lack of prosecution, lack September 30, 2020, 597 new courts. Thus, of the 362 of jurisdiction, or voluntary bankruptcy appeals were filed, an appeals that were disposed of dismissal. The BAP ended FY increase of 6% when compared to by the BAP, roughly 79% were 2020 with 128 appeals pending,

Ninth Circuit Bankruptcy Appeal Filings

Raw Bankruptcy Net Bankruptcy Percentage of Bankruptcy Appeals Received Net Bankruptcy Appeals District Appeals Heard Year Appeals Total by BAP¹ Appeals BAP² Court³ Election Rate4 by BAP FY 2018 623 374 301 322 52% 48%

FY 2019 564 330 272 292 52% 48%

FY 2020 597 339 282 315 53% 47%

¹Number of new appellate filings received and opened as new case files at the BAP Clerk’s Office. This figure includes some appeals where an appellee files an election and the appeal thereafter is transferred to district court. (Where a timely election is made by an appellant, the bankruptcy court generally bypasses the BAP and refers the appeal directly to the district court.) ²The number of raw bankruptcy appeals received by BAP less the number of appeals transferred from BAP to district court by election or other transfer. ³Includes the number of all bankruptcy appeals received by district court either referred directly from the bankruptcy court or transferred from the BAP. 4Percentage of bankruptcy appeals where one or more parties timely elected to have their appeal heard in district court.

72 fully resolved, with only 21% COVID-19 pandemic abruptly of California Bankruptcy Court. seeking second-level review. halted travel in March 2020, the The three-part program, held in BAP heard its March calendar by conjunction with the BAP’s June IMPACT OF THE COVID-19 telephone. The BAP conducted oral argument week, was offered PANDEMIC ON BAP oral arguments via Zoom video to all bankruptcy court externs and OPERATIONS for the remainder of the year. The law clerks throughout the Ninth Ninth Circuit Court of Appeals Circuit. Approximately 60 people Oral Arguments assisted with the video and live- participated. The BAP began the year traveling streamed BAP oral arguments, for oral arguments, with sittings enabling widespread access to The program began with a Zoom in Las Vegas, Pasadena, Phoenix, the proceedings. presentation of general appellate and San Francisco. When the law principles as well as issues Operations unique to bankruptcy appeals and bankruptcy appellate panels. All The BAP continued BAP judges participated in this New Bankruptcy Appeal Filings operations during the session which was moderated pandemic shut down, Bankruptcy by a bankruptcy judge from the Appellate District 2020 maintaining a minimal Central District of California. District Panel Court¹ Total staff at the courthouse Materials covering bankruptcy to process and scan mail Alaska 3 8 11 appellate law were provided as and answer the many well as summaries of the cases to Arizona 24 18 42 telephone calls the BAP be argued that week. C. Calif. 126 122 248 receives. The remainder of BAP staff worked E. Calif. 22 12 34 Participants were then encouraged remotely, continuing to watch one or both BAP oral N. Calif. 47 45 92 to process bankruptcy argument sessions via live-stream. S. Calif. 7 44 51 appeals. BAP staff maintained daily contact Post-arguments, participants Hawaii 6 11 17 via email and telephone were divided into smaller Zoom Idaho 4 5 9 calls. Periodic court discussion groups. At least two meetings were held via BAP judges participated in each Montana 2 3 5 Zoom. BAP judges and group. Participating externs and Nevada 24 14 38 law clerks utilized Zoom law clerks had an opportunity to for case discussions. Oregon 8 15 23 ask questions about the topics covered in the pre-argument E. Wash. 3 4 7 Bankruptcy Appeals presentation as well as to discuss 101 Program W. Wash. 6 14 20 effective appellate oral argument In response to the and briefing techniques. Total 282 (47%) 315 (53%) 597 elimination of in- ¹The numbers for bankruptcy appeals to the person educational The feedback was uniformly district courts are taken directly from a statistical opportunities for court positive, receiving interest caseload table prepared by the Administrative staff and externs, the from the national bankruptcy Office of the United States Courts. The numbers BAP developed and community. Additional offerings of for bankruptcy appeals to the BAP are calculated the program are planned. based on data from AOUSC tables and on data presented a Bankruptcy from the BAP’s CM/ECF docketing system. The Appeals 101 program district court numbers include all appeals in which a in collaboration with timely election was made to have the appeal heard and with technical in the district court (both appellant and appellee support from the elections) as well as other cases transferred in the interest of justice. The BAP numbers exclude all Education Committee such appeals. of the Central District

73 Magistrate Judges Persevere During COVID-19

In fiscal year 2020, there were 106 The largest category of matters to 19,882. Petty offenses were full-time magistrate judges and presided over by magistrate judges down 54% from 41,668 to 19,184, six part-time magistrate judges, is felony preliminary proceedings, while Class A misdemeanors were and one magistrate judge/clerk which include complaints, initial down 33.9%, from 1,056 to 698 in of court, along with 19 recalled appearances, search warrants, FY 2020. magistrate judges, who served arraignments, detention hearings, eight district courts of the Ninth arrest warrants, preliminary Civil consent cases, in which a Circuit. Despite the challenges hearings, summonses, bail reviews, magistrate judge presides at the posed by COVID-19, magistrate forfeitures, Nebbia hearings, consent of the parties, were down judges throughout the Ninth Circuit attorney appointments and material 7.1% from 5,211 to 4,841. A majority continued to hold court remotely, witness hearings. Magistrate of cases under this category were greeting defendants, defense judges disposed of 108,943 felony disposed of without trial. lawyers and prosecutors on their preliminary proceedings, down screen monitors. All told, Ninth 16.1% from FY 2019. Prisoner petitions were up 2.4% Circuit magistrate judges disposed from 6,884 to 7,052. The bulk of the a total of 252,941 civil and criminal Additional duties related to criminal work under this category involves matters in FY 2020. matters disposed of in FY 2020 civil rights prisoner petitions, up numbered 48,144, down 2.3%. 0.2%. State habeas prisoner petitions Appointed under Article I of Non-dispositive and dispositive increased by 6.8% in FY 2020. the United States Constitution, motions, pretrial conferences, magistrate judges are selected probation and supervised release New Magistrate Judges and by the district judges of their revocation hearings, guilty plea and Governance judicial district. They are appointed evidentiary proceedings, motion Seven new full-time magistrate to an eight-year term, may be hearings, reentry/drug court judges were appointed in 2020. reappointed and may serve proceedings, writs and mental Magistrate judges appointed were as recalled magistrate judges. competency proceedings fall under Michael T. Morrissey of the District The Judicial Conference of the this category. Non-dispositive of Arizona; Pedro V. Castillo and U.S., the judicial councils of the motions total was 25,572, up 16.6% Patricia Donahue of the Central circuits and the director of the from 21236, while dispositive District of California; Helena Administrative Office of the U.S. motions total was 236, down 30.4%, M. Barch-Kuchta of the Eastern Courts determine the number of from 339 in FY 2020. District of California; Alex G. Tse of magistrate judge positions based the Northern District of California; on recommendations made by the Additional duties involving civil Daniel E. Butcher of the Southern respective district courts. matters were up 2.4% from 50,722 District of California; and Michael J. to 51,951. This category includes Bordallo of the District of Guam. Magistrate judges make substantial non-dispositive motions/grants of in contributions to the work of the forma pauperis, or IFP, status, other Education Program federal trial courts involving a pretrial conferences, settlement Since the cancellation of the 2020 variety of judicial matters. Their conferences/mediations, other civil Ninth Circuit Judicial Conference work includes issuing search dispositive motions, evidentiary due to the COVID-19 pandemic, and arrest warrants, conducting proceedings, social security appeals, the educational program for settlement conferences in civil special master references, summary magistrate judges usually cases, handling petty offenses and jury/other ADR/early neutral planned by the Magistrate Judges taking felony pleas. Magistrate evaluations, motion hearings and Education Committee has been on judges conduct preliminary fee applications. hold. The committee looks forward proceedings, decide trial jurisdiction to working in person and planning matters, review prisoner petitions Class A misdemeanor and petty an educational program in the and perform other duties. They may offenses cases disposed of by future. preside over civil trials with consent magistrate judges decreased of the parties. dramatically by 53.5% from 42,724

74 Matters Disposed of by Ninth Circuit Magistrate Judges

Percent Change Activity 2019 2020 2019-20 Total Matters 300,712 252,941 -15.9% Felony Preliminary Proceedings 129,782 108,943 -16.1% Search Warrants 21,385 25,036 17.1% Arrest Warrants 9,246 7,408 -19.9% Summonses 1,149 1,116 -2.9% Complaints 25,222 15,855 -37.1% Initial Appearances 24,552 21,048 -14.3% Preliminary Hearings 7,913 6,476 -18.2% Arraignments 16,877 12,709 -24.7% Detention Hearings 15,594 13,035 -16.4% Bail Reviews/Forfeitures/Nebbia Hearings 2,247 2,245 -0.1% 1Other 5,597 4,015 -28.3% Trial Jurisdiction Defendants 42,724 19,882 -53.5% Class A Misdemeanor 1,056 698 -33.9% Petty Offense 41,668 19,184 -54.0% Civil Consent Cases 5,211 4,841 -7.1% Without Trial 5,165 4,818 -6.7% Jury Trial 34 16 -52.9% Bench Trial 12 7 -41.7% Additional Duties Criminal 49,265 48,144 -2.3% Non-Dispositive Motions 21,927 25,572 16.6% Dispositive Motions 339 236 -30.4% Evidentiary Proceedings 119 107 -10.1% Pretrial Conferences 12,074 9,812 -18.7% ¹Includes attorney appointment Probation and Supervised Release 1,897 1,708 -10.0% hearings and material witness Revocation Hearings hearings. Guilty Plea Proceedings 9,405 7,382 -21.5% ²Includes mental competency 2Other 3,504 3,327 -5.1% proceedings, motion hearings, Civil 50,722 51,951 2.4% reentry/drug court proceedings Settlement Conferences/Mediations 2,994 3,129 4.5% and writs. Other Pretrial Conferences 4,131 4,495 8.8% ³In 2013, magistrate judge workload statistics were produced 3Non-Dispositive Motions/Grants 37,421 38,791 3.7% of IFP Status using a new software program that recalculated the statistics for 2013 Other Civil Dispositive Motions 2,625 2,758 5.1% and for previous years. In some Evidentiary Proceedings 114 68 -40.4% categories, the statistics provided Social Security Appeals 586 333 -43.2% in the report differ from the ones Special Master References 0 0 - displayed in those categories in previous reports. Non-dispositive 4 Other 2,851 2,377 -16.6% motions/grants of IFP status Prisoner Petitions 6,884 7,052 2.4% category includes prisoner cases, State Habeas 2,197 2,347 6.8% social security cases and other civil cases. Federal Habeas 348 357 2.6% 4 Civil Rights 4,324 4,331 0.2% Includes summary jury/other ADR/early neutral evaluations, Evidentiary Proceedings 15 17 13.3% motion hearings and fee Miscellaneous Matters 16,124 12,128 -24.8% applications.

75 Federal Defenders Carry Out Their Constitutional Duties During Pandemic

As the risks posed by COVID-19 clients. “Zoom became the safest or she is performing in a highly became more evident, federal means” to connect with clients, satisfactory manner based upon public defender offices like the according to Williams. a broad survey and performance federal courts closed their doors evaluation process. Community to the public, but the pandemic did Federal public defender defenders are appointed by not impede federal defenders from offices, which are staffed by members of the board of directors performing their duties as they federal judiciary employees, in their organization, and their continued to work remotely or as and community defender performance are reviewed part of a skeleton crew. organizations, which are periodically. nonprofit organizations staffed The Office of the Federal Public by nongovernment employees, Federal defenders and community Defender was created by Congress provide a consistently high defenders in the Ninth Circuit to fulfill the constitutional level of representation. Federal opened 27,940 cases, down 23.4% requirement that financially public defender representations in fiscal year 2020. Total cases eligible individuals be guaranteed include criminal defense and opened nationwide numbered the right to representation by appeals, court-directed prisoner 113,686, a 30% decrease in FY counsel. Criminal defendants and witness representations, 2020. facing prosecution in federal bail/pre-sentencing, supervised courts are provided with legal release, and probation and parole Federal defenders and community representation at no cost. revocation hearings. defenders in seven districts Congress provides funds to the reported higher caseloads in FY Defender Services Division of the By statute, judges of the courts 2020. Numerically, the FPD Office Administrative Office of the United of appeals select and appoint in the District of Oregon had States Courts for this purpose. the federal public defender for the highest increase, up 38.8% a renewable four-year term. In from 1,821 to 2,528 cases. FPD FPD Heather E. Williams, of the the Ninth Circuit, FPD applicants offices that reported an increase Eastern District of California, are evaluated by both a local in new cases in FY 2020 include noted that IT staff became “miracle screening committee and the the District of Alaska, up 25% workers,” who worked tirelessly to court’s Standing Committee on from 352 to 440 cases; Eastern ensure that office staff have the Federal Public Defenders, applying District of California, up 0.6% necessary equipment they need Equal Opportunity guidelines. from 1,260 to 1,267; District of in order to work remotely. While The court makes its initial Hawaii, up 50.5% from 366 to 551 fulfilling their constitutional duties, appointment after a nationwide cases; District of Idaho, up 14.7% FPD offices throughout the circuit recruitment and the use of its from 382 to 438 cases; District worked to not only protect their local screening committee. of Nevada, up by 131 cases clients from COVID-19 exposure An incumbent federal public from 1,032; Eastern District of but also of the offices’ staff who defender may be reappointed Washington, up by 62 cases from continued their work serving many if the court concludes that he 1,002 cases.

Ninth Circuit Federal Defender Organizations: Cases Opened, Closed and Pending

Change Cases 2016 2017 2018 2019 2020 2019-20 Opened 31,897 26,727 34,641 36,468 27,940 -23.4%

Closed 28,092 28,689 36,755 34,603 24,809 -28.3%

Pending 15,383 13,380 11,261 13,093 16,151 23.4%

76 FPD offices and community 124; District of Montana, down while pending caseload nationwide defender organizations that by 11.9% from 834 to 735; and also increased with 64,226 cases, reported fewer new cases in fiscal Western District of Washington, up 7.5% in FY 2020. year 2020 include the District down by 17.4% from 1,353 to of Arizona, down 53.7%, from 1,118. Federal defenders in 12 districts 10,828 to 5,011; Central District reported closing fewer cases in of California, down 13.4% from Federal defenders and community FY 2020. Numerically, the FPD 3,515 to 3,044; Northern District defenders in the circuit closed Office in the District of Arizona of California, down 6.1% from 24,809 cases, down 28.3%, while had the largest drop in closings, 2,057 to 1,932; Southern District pending cases were up 23.4% down 56.4% from 11,004 to of California, down 25.6% from from 13,093 to 16,151 cases in 4,799. District of Alaska closed 11,458 to 8,525; District of FY 2020. Cases closed nationwide 4.6% fewer cases, dropping from Guam, down 40.4% from 208 to totaled 108,921, down 28.6%, 323 to 308; Central District of

Federal Defender Organizations: Summary of Representations by District Opened Opened Change Closed Closed Change Pending District 2019 2020 2019-20 2019 2020 2019-20 2020 Alaska 352 440 25.0% 323 308 -4.6% 394

Arizona 10,828 5,011 -53.7% 11,004 4,799 -56.4% 1,737

C. Calif. 3,515 3,044 -13.4% 3,315 2,513 -24.2% 3,099

E. Calif. 1,260 1,267 0.6% 1,247 1,117 -10.4% 844

N. Calif. 2,057 1,932 -6.1% 1,913 1,327 -30.6% 1,237

1S. Calif. 11,458 8,525 -25.6% 9,983 8,938 -10.5% 2,859

Guam 208 124 -40.4% 215 112 -47.9% 66

Hawaii 366 551 50.5% 359 458 27.6% 259

1Idaho 382 438 14.7% 369 379 2.7% 279

1Montana 834 735 -11.9% 817 725 -11.3% 290

Nevada 1,032 1,163 12.7% 915 639 -30.2% 1,695

Oregon 1,821 2,528 38.8% 1,924 1,566 -18.6% 2,244

1E. Wash. 1,002 1,064 6.2% 946 924 -2.3% 558

W. Wash. 1,353 1,118 -17.4% 1,273 1,004 -21.1% 590

Circuit Total 36,468 27,940 -23.4% 34,603 24,809 -28.3% 16,151

National Total 162,362 113,686 -30.0% 152,545 108,921 -28.6% 64,226

Circuit Total as % 22.5% 24.6% 2.1% 22.7% 22.8% 0.1% 25.1% of National Total

1Community Defender Organizations Note: Northern Mariana Islands is not served by a defender organization. Other representations include court-directed prisoner, bail/presentment, witness, probation revocation and parole revocation representations.

77 California dropped 24.2%, from The District of Hawaii was one 3,315 to 2,513; Eastern District of only two districts showing of California was down 10.4% an increase in cases closed, up from 1,247 to 1,117; Northern 27.6% from 359 to 458 cases. District of California was down The District of Idaho showed an 30.6% from 1,913 to 1,327; increase in closed cases of 2.7% Southern District of California from 369 to 379. was down 10.5% from 9,983 to 8,938; District of Guam was down Transitions 47.9% from 215 to 112; District Judges of the United States Court of Montana was down 11.3% of Appeals for the Ninth Circuit from 817 to 725 cases; District of appointed two new federal public Nevada was down 30.2% from 915 defenders and reappointed one to 639; District of Oregon was FPD in 2020. Jamie L. McGrady down 18.6% from 1,924 to 1,566; was appointed FPD for the District Eastern District of Washington of Alaska on January 24, and was down 2.3%, from 946 to 924 Cuauhtémoc Ortega was appointed cases; and Western District of FPD for the Central District of Washington was down 21.1% from California on October 15. FPD 1,273 to 1,004 cases. Jon M. Sands for the District of Arizona was reappointed effective September 1.

78 Probation Offices Face COVID-19 Challenges

During fiscal year 2020, the which underscored the severity of Hawaii shared that their offices COVID-19 pandemic significantly the pandemic. limited in-person contact to only affected United States probation those who were at higher risk of offices throughout the Ninth To address the pandemic, a reoffending and implemented Circuit. Given the mission to majority of the probation offices virtual home inspection for protect the community, probation in the Ninth Circuit either closed lower risk cases. The Northern offices continued to operate during or limited the number of staff and District of California reported the pandemic by implementing visitors in the office. In addition, that the unemployment rate for health and safety measures to U.S. probation offices tailored individuals under supervision meet local and national guidelines their operations to ensure increased by 10% during the and restrictions. Interestingly, everyone’s safety, accommodate pandemic. However, their district in March 2020, the Western childcare issues for staff and implemented a workforce/ District of Washington became to abide by local COVID-19 education committee to address the first COVID-19 “hot spot” in restrictions. Specifically, using this issue, which included the the country. As a result, Chief U.S. personal protective equipment implementation of a virtual Probation and Pretrial Services (PPE), flexible work schedules, education center. Officer Connie Smith, who retired telework and virtual meetings were in September 2020, conducted implemented. Moreover, probation Although presentence weekly calls with other districts officers became proficient working investigations declined during and the Administrative Office remotely and utilizing Zoom and the pandemic, several districts of the U.S. Courts to share her other teleconferencing applications experienced an increase in district’s experience with the virus. to complete their work. post-conviction cases due to These weekly calls were very helpful, especially during the early stages of the pandemic as districts Persons Under Post-Conviction Supervision started developing procedures Persons Under Change to reduce the spread of the virus, Supervision 2019 2020 2019-2020 ensure everyone’s safety, while 1From Courts 2,999 2,763 -7.9% meeting the mission of the office. 2From Institutions 19,652 20,104 2.3%

The impact of the pandemic on Total 22,651 22,867 1.0% each probation office depended on the spread and infection rate 1Includes conditional release, probation and the former categories known as judge within each district. As noted by probation and magistrate judge probation. 2 the Eastern District of California Includes parole, special parole, mandatory release and military parole. U.S. Probation Office, California was particularly hard hit by the The closure of courthouses or compassionate release and Federal pandemic and was often one of the limited court hearings resulted in a Location Monitoring (FLM) states with the highest number of significant decline in presentence referrals. deaths and new cases. Their office reports in fiscal year 2020. For and the District of Arizona U.S. presentence referrals, telephonic In summary, COVID-19 greatly Probation Office reported that or virtual presentence interviews, altered the way U.S. probation several employees contracted the rather than in-person, became the offices in the Ninth Circuit virus, with some who required accepted practice. With respect to functioned and operated. Despite hospitalization. No death of supervision of individuals under the challenges, probation officers probation staff was reported; supervision, probation offices were innovative, resilient and however, several districts reported implemented virtual supervision adaptable, which allowed them that several employees lost family measures in lieu of in-person to complete their mission under members, friends and members contact. For example, the District difficult circumstances. of their community to the virus, of Arizona and the District of

79 Presentence Reports Commission has promulgated a nonguideline reports in fiscal year guideline. 2020, which accounted for 18.3% Probation officers investigate of the national total of 60,752 relevant facts about defendants; In the Ninth Circuit, probation submitted guideline and non- assess those facts for the officers completed 11,403 guideline presentence reports. purposes of sentencing; apply the presentence investigations appropriate guidelines, statutes in fiscal year 2020, a 15.4% Persons Under Post-Conviction and policy statements; and provide decrease from the prior fiscal year. Supervision clear, concise, and objective The reduction in presentence Probation officers supervise reports that will assist the reports can be attributed to the persons who are conditionally sentencing judges in determining COVID-19 pandemic because of released to the community by the appropriate sentences. the numerous courthouse closures U.S. district courts or paroling or limited court hearings. Despite Standard guideline presentence authorities on probation, parole or the COVID-19 challenges, the reports are generally prepared in supervised release in accordance Ninth Circuit prepared 11,142 felony and Class A misdemeanor with evidence-based practices. The presentence guideline and cases for which the U.S. Sentencing desired outcomes of supervision

Persons Under Post-Conviction Supervision by District

From Courts Referred by Institutions Persons Under Persons Under Supervised 3BOP Supervision, Supervision, Change District 1Probation Release 2Parole Custody 2019 2020 2019-20 Alaska 26 317 2 0 307 345 12.4%

Arizona 771 3,102 12 0 3,878 3,885 0.2%

C. Calif. 596 4,803 23 1 5,360 5,423 1.2%

E. Calif. 163 1,679 15 24 1,898 1,881 -0.9%

N. Calif. 239 1,548 2 4 1,832 1,793 -2.1%

1S. Calif. 279 3,109 13 0 3,262 3,401 4.3%

Guam 23 98 0 4 137 125 -8.8%

Hawaii 37 429 5 20 522 491 -5.9%

1Idaho 91 511 1 4 623 607 -2.6%

1Montana 81 795 3 9 848 888 4.7%

Nevada 145 1,035 9 1 1,158 1,190 2.8%

N. Mariana Is. 0 15 0 0 16 15 -6.3%

Oregon 153 928 9 7 1,054 1,097 4.1%

1E. Wash. 62 599 3 0 660 664 0.6%

W. Wash. 97 942 23 0 1,096 1,062 -3.1%

Circuit Total 2,763 19,910 120 74 22,651 22,867 1.0%

1Includes conditional release, probation and the former categories known as judge probation and magistrate judge probation. 2Includes parole, special parole, mandatory release and military parole. 3BOP accounts for Bureau of Prisons Federal Location Monitoring and Elderly Home Confinement (effective January 26, 2020).

80 are the execution of the sentence, Among the persons under reduction of reoffending and supervision in the Ninth Circuit, protection of the community from 2,761 were on probation, 19,912 offenses committed by persons were on supervised release, 119 under supervision during the were on parole and 75 adhered period of supervision and beyond. to the Bureau of Prisons custody standards in FY 2020. The period of supervision is an opportunity for persons under Revocations And Early supervision to develop the skills Terminations and motivation to become and Ninth Circuit cases that were remain lawful, eventually without revoked and closed after post- the oversight and support of the conviction supervision totaled justice system. Therefore, the goal 2,970 in FY 2020, down 16.3% for each person under supervision from the prior fiscal year. Of these is lawful self-management. revocations, 147 were probation Probation officers manage and sentences, 2,813 were supervised reduce the risks posed by those release terms, nine were parole under supervision through cases and one adhered to the monitoring, restrictions and Bureau of Prisons custody interventions. standards. The Ninth Circuit To assist persons under accounted for 21.7% of the 13,712 supervision in complying with cases revoked nationally, up 1.2% conditions of supervision and from the previous fiscal year. lawful self-management, probation In FY 2020, there were 1,620 officers deliver or refer persons for cases terminated early in the Ninth the following services: substance Circuit compared to the 9,455 abuse treatment; mental health cases terminated early nationally. treatment; sex offender treatment; medical care; employment Civics Engagement and Outreach assistance; vocational training; literacy and training programs; and Due to the pandemic, probation cognitive behavioral interventions. offices had to suspend or curtail their civic engagement and Probation officers in the Ninth outreach. Despite the challenges, Circuit were supervising 22,867 the District of Alaska raised funds persons at the end of FY 2020, to help the victims of Hurricane up 1% from the prior fiscal year. Laura, which severely damaged One of the factors that may the Louisiana and Texas Gulf Coast have contributed to the slight area on Aug. 27, 2020. increase was the release of compassionate release and home confinement cases from the U.S. Bureau of Prisons. The circuit accounted for 18% of the national total of 126,970 persons under supervision at the end of FY 2020.

81 Pretrial Services Offices Experience Impact of COVID-19

Fiscal year 2020 was very meetings were implemented in lieu the officers particularly in pretrial challenging, and the COVID-19 of in person contact. It was evident investigations and supervision. pandemic significantly affected that pretrial services officers and The District of Alaska reported pretrial services offices throughout staff became proficient working 60% of their pretrial investigation the Ninth Circuit. Pretrial services remotely and utilizing Zoom, and workload was due to requested offices continued to operate during other virtual and teleconferencing bail review hearings, and the the pandemic by implementing applications to complete their district also reported a 6.5% health and safety measures daily duties. Due to the pandemic, increase in the pretrial release to meet local and national pretrial supervision changes in rates; the majority of those guidelines and restrictions. Offices some of the districts included defendants being released on throughout the circuit had to but were not limited to virtual location monitoring. Additionally, quickly adapt as the spread and home visits; telephonic and virtual several other pretrial services infection rate varied within each interviews; virtual and telephonic offices reported substantial district. During the fiscal year, court hearings; temporary policy increases in new arrests and in some offices reported employees modifications; telemedicine defendants being released on contracting COVID-19. There for clients in lieu of in person location monitoring which led to were no known deaths of pretrial counseling sessions; adjustments more workload challenges for the staff reported; however, there to client testing; and adjustments officers. were employees who lost family to location monitoring installations members, friends and members of and supervision. Coping with the many challenges their community to the virus. brought on by the pandemic, the pretrial services officers and staff were resilient, creative and Pretrial Services Cases Activated in committed. They continued to Ninth Circuit Courts perform and fulfill the pretrial services mission for the benefit of Caseload Measure 2019 2020 Change 2019-20 their clients and the administration of justice. Reports 32,077 21,049 -34.4%

Interviews 9,452 8,024 -15.1% Defendants Under Pretrial Supervision Cases Activated 32,846 21,367 -34.9% Working with individuals who are presumed innocent until proven At the beginning of the pandemic, The pandemic also impacted guilty, United States pretrial pretrial services offices in the the pretrial clients’ wellness services officers within the federal Ninth Circuit either closed their and treatment needs in FY judiciary carry out the important offices and/or limited the number 2020. Specifically, the District work of balancing the civil liberties of staff and visitors in the offices. of Northern California reported of persons under supervision with It was a struggle to balance that some of their clients with protecting the community. wellness and safety of staff with substance abuse and/or mental the duty to protect the public. health issues relapsed which led to Pretrial services officers assist the For example, operations were a higher rate of treatment failures. court by investigating defendants modified to ensure everyone’s charged with federal crimes, safety, accommodate childcare Although pretrial case activations recommending whether to release issues for staff and to abide by decreased by 34.9% in FY 2020, or detain them, and supervise local COVID-19 restrictions. several pretrial services offices those individuals who are released Specifically, the use of personal reported a significant workload to the community while pending protective equipment (PPE), increase due to the pandemic. the outcome of their case. Using flexible work schedules, telework Several offices reported that the the least restrictive supervision and virtual and telephonic pandemic affected the workload of strategies and interventions,

82 pretrial services officers monitor U.S. attorneys in the circuit Violations defendant compliance with court recommended pretrial release in Of the 11,861 cases in release ordered conditions of release, 44.7% of cases in FY 2020. status in FY 2020, cases with attempt to minimize the likelihood violations numbered 1,996, up of re-arrest and increase the During the fiscal year, 5,546 2.8% from FY 2019. They included likelihood defendants make all defendants were received for 48 violations due to felony re- required court appearances. supervision, down 8.4% from 6.053 in FY 2019. Of these arrests, 55 violations resulting Pretrial services officers also individuals, 3,937 were received from misdemeanor re-arrests and conduct pretrial diversion for regular supervision; 1,558 252 for failure to appear. There investigations and prepare were supervised on a courtesy were 1,864 technical violations written reports about a diversion basis from another district or for noncompliance with court candidate’s suitability for the circuit; and 51 were pretrial ordered conditions of release, such Office of the U.S. Attorney’s diversion cases, which include as positive urine tests for illegal Pretrial Diversion Program. courtesy supervision of diversion substances, violation of location Officers are responsible for cases. monitoring conditions, possession supervision of diverted individuals of contraband and failure to report who are deemed appropriate and Detention Summary to a supervising officer. accepted into the program. The Ninth Circuit detained Evidence-Based Practices for 22,042 defendants in fiscal year Pretrial Services Case Activations 2020, a 22.5% decrease from FY In fiscal year 2020, pretrial 2019. Defendants detained in the Evidence-based practices are services offices in the Ninth circuit represented 20.5% of all those that have been found Circuit reported 21,367 new case defendants detained nationally. through research to enhance activations, down 34.9%, while During the fiscal year, 74.8% of overall desired outcomes. new case activations nationwide all defendants received in the The desired outcomes of the was 80,242, down by 25.8% circuit were detained and never pretrial services functions are to from FY 2019. The Ninth Circuit released. Excluding immigration reasonably assure defendants continues to rank first nationally cases, 56.6% of defendants were do not pose either a risk of non- in cases activated, accounting for detained and never released. appearance or danger to the 26.6% of total new cases. Excluding all illegal alien cases, the community. Pretrial services circuit had a release rate of 56%. offices have incorporated the Pretrial Bail Reports and Defendants in the circuit were Pretrial Services Risk Assessment Supervision detained an average of 241 days. (PTRA) into its business practices. The U.S.-Mexico border courts Another evidence-based practice During fiscal year 2020, pretrial that continues to be implemented services officers in the Ninth in the districts of Arizona and Southern District of California is Staff Training Aimed at Reducing Circuit conducted 8,024 pretrial Re-Arrest, or STARR. bail interviews, representing continued to report the highest number of defendants detained. 37.6% of all cases activated. They Specialty Courts and Pre-entry The District of Arizona detained prepared 20,779 written pre-bail Programs reports and 270 post-bail reports 8,457 defendants, down 26.1% during FY 2020. Bail reports were from FY 2019, while the Southern In FY 2020, pretrial services prepared in 98.5% of the cases District of California detained offices in the Ninth Circuit activated. 6,296 defendants, a 23.8% continued to be involved in reduction from the prior fiscal innovative specialty courts and Excluding immigration cases, year. The Ninth Circuit accounted pre-entry programs. However, due officers made recommendations for 16.8% of total days that to the pandemic, some courts had for initial pretrial release to the defendants were incarcerated to improvise and offer telephonic courts in 58.4% of cases. Assistant nationally. and/or virtual hearings for the specialty courts, and some pre-

83 entry programs were postponed. Bureau of Prisons services and the pandemic, pretrial services The specialty courts provide general rules to help reduce the offices had to suspend or curtail rehabilitative services to higher level of stress and anxiety of going community outreach and/or civic risk defendants while giving to prison. engagement. them a chance to have their cases dismissed or sentences reduced Civics Engagement and upon successful completion Community Outreach of supervision. The pre-entry Pretrial services offices in educational programs are the Ninth Circuit periodically designed to educate defendants participate in community outreach and their family members about and civic engagement. Due to

Pretrial Workload

Defendant Contact Written Reports Total Cases Total Cases 1Not No Reports Activated Activated Change District Interviewed Interviewed 2Prebail Postbail Made 2019 2020 2019-20 Alaska 34 132 165 0 1 188 166 -11.7%

Arizona 1,518 7,804 9,248 8 66 16,929 9,322 -44.9%

C. Calif. 1,239 199 1,427 6 5 2,036 1,438 -29.4%

E. Calif. 260 199 447 8 4 629 459 -27.0%

N. Calif. 486 207 521 166 6 825 693 -16.0%

1S. Calif. 2,643 3,598 6,087 33 121 8,671 6,241 -28.0%

Guam 32 5 36 0 1 63 37 -41.3%

Hawaii 206 32 226 3 9 233 238 2.1%

1Idaho 160 178 328 1 9 428 338 -21.0%

1Montana 256 105 351 6 4 434 361 -16.8%

Nevada 351 135 481 1 4 584 486 -16.8%

N. Mariana Is. 17 0 16 1 0 16 17 6.3%

Oregon 469 245 665 10 39 572 714 24.8%

1E. Wash. 103 206 267 2 40 430 309 -28.1%

W. Wash. 250 298 514 25 9 808 548 -32.2%

Circuit Total 8,024 13,343 20,779 270 318 32,846 21,367 -34.9% National 46,988 33,254 74,924 1,799 3,519 99,494 80,242 -19.3% Total Circuit % of 17.1% 40.1% 27.7% 15.0% 9.0% 33.0% 26.6% -6.4% National

Note: This table includes data for the District of Columbia and includes transfers received. 1Includes cases in which interviews were refused, includes defendants not available for interview and includes transfer-received cases in which defendants were interviewed in other districts. 2Includes prebail reports both with recommendations and without and includes types of reports categorized in previous periods as “other reports.”

84 Juror Utilization Petit Juror Utilization Rate 1 Grand Juries Petit Juries Percent Not Selected or Challenged District Impaneled, 2020 Selected, 2020 2019 2020 Change 2019-20 Alaska 3 5 32.3 53.6 21.3

Arizona 8 42 28.4 30.6 2.2

C. Calif. 22 53 50.5 62.3 11.8

E. Calif. 7 18 35.8 42.9 7.1

N. Calif. 7 24 57.0 60.7 3.7

S. Calif. 6 39 41.4 43.6 2.2

Guam 1 2 70.9 63.3 -7.6

Hawaii 4 6 56.4 38.4 -18.0

Idaho 4 8 23.0 39.7 16.7

Montana 5 26 30.2 30.4 0.2

Nevada 4 12 23.9 39.0 15.1

N. Mariana Is. 1 3 6.8 61.2 54.4

Oregon 8 9 30.2 30.7 0.5

E. Wash. 4 5 37.0 28.0 -9.0

W. Wash. 3 16 28.3 25.6 -2.7

Circuit Total 87 268 *** ***

Circuit Average 5.8 17.9 36.8 43.3 6.5

National Total 651 3,718 *** ***

National Average 6.9 39.6 38.6 39.8 1.2

Note: This table includes data on jury selection days only. Data on juror service after the selection day are not included. Due to rounding, percentages may not total 100%. 1Includes jurors who completed pre-screening questionnaires or were in the courtroom during the conducting of voir dire but were not selected or challenged. Includes other jurors not selected or challenged who were not called to the courtroom or otherwise did not participate in the actual voir dire.

85 Interpreter Usage by District Courts

2019 2020 Change Language AK AZ CAC CAE CAN CAS GU HI ID MT NV NMI OR WAE WAW Total Total 2019-20

Arabic 0 7 29 2 8 3 0 0 2 0 0 0 0 0 2 60 53 -11.7%

Armenian 0 0 41 6 2 30 0 0 0 0 0 0 0 0 0 106 79 -25.5%

Cantonese 0 1 13 3 47 7 0 15 0 0 0 0 1 0 5 136 92 -32.4%

Farsi 0 0 11 1 1 7 0 0 0 0 0 0 0 0 0 17 20 17.6%

Japanese 0 0 4 0 0 0 1 0 0 0 0 0 0 0 0 7 5 -28.6%

Korean 3 0 18 1 2 0 4 3 0 0 0 0 0 0 1 116 32 -72.4%

Mandarin 4 26 100 42 71 145 8 11 0 0 10 0 8 0 3 455 428 -5.9%

Navajo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - (Certified)

Navajo 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 34 16 -52.9% (Non-Certified)

Russian 0 8 6 7 36 3 0 0 0 0 0 0 0 1 4 89 65 -27.0%

Sign 0 6 3 13 5 2 0 0 0 0 0 0 4 1 0 86 34 -60.5% (American)

Sign 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - (Mexican)

Spanish Staff 0 30,583 1,066 1,060 348 19,641 0 0 0 0 376 0 469 115 0 56,572 53,658 -5.2%

Spanish 13 7,373 496 586 766 588 12 13 217 15 148 0 75 392 444 9,934 11,138 12.1% (Certified)

Spanish 0 0 0 0 0 0 2 20 62 42 20 0 12 0 0 210 158 -24.8% (Non-Certified)

Tagalog 16 0 5 0 8 1 0 0 0 0 0 0 0 0 0 14 30 114.3%

Vietnamese 0 0 23 6 15 12 0 0 0 0 5 0 0 0 8 109 69 -36.7%

All Others 6 290 39 31 39 445 9 7 1 7 18 0 8 7 32 844 939 11.3%

Total 42 38,310 1,854 1,758 1,348 20,884 36 69 282 64 577 0 577 516 499 68,789 66,816 -2.9%

86 Interpreter Usage by District Courts District Caseloads

2019 2020 Change Alaska Language AK AZ CAC CAE CAN CAS GU HI ID MT NV NMI OR WAE WAW Total Total 2019-20 Caseload Change Per Judgeship Arabic 0 7 29 2 8 3 0 0 2 0 0 0 0 0 2 60 53 -11.7% Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

Armenian 0 0 41 6 2 30 0 0 0 0 0 0 0 0 0 106 79 -25.5% District Court 2District 3

Cantonese 0 1 13 3 47 7 0 15 0 0 0 0 1 0 5 136 92 -32.4% Filings 605 536 -11.4% 179 Bankruptcy 2

Farsi 0 0 11 1 1 7 0 0 0 0 0 0 0 0 0 17 20 17.6% Terminations 631 446 -29.3% 149 Magistrate

Japanese 0 0 4 0 0 0 1 0 0 0 0 0 0 0 0 7 5 -28.6% 1Pending 643 731 13.7% 244 Full-time 2

Korean 3 0 18 1 2 0 4 3 0 0 0 0 0 0 1 116 32 -72.4% Bankruptcy Court Part-time 2

Mandarin 4 26 100 42 71 145 8 11 0 0 10 0 8 0 3 455 428 -5.9% Filings 426 337 -20.9% 169

Navajo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - Terminations 441 385 -12.7% 193 (Certified)

Navajo Pending 330 282 -14.5% 141 Authorized places of 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 34 16 -52.9% (Non-Certified) holding court: ¹2019 total pending cases revised. Russian 0 8 6 7 36 3 0 0 0 0 0 0 0 1 4 89 65 -27.0% Anchorage, Fairbanks, Juneau, Ketchikan, Nome Sign 0 6 3 13 5 2 0 0 0 0 0 0 4 1 0 86 34 -60.5% (American)

Sign 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - (Mexican)

Spanish Staff 0 30,583 1,066 1,060 348 19,641 0 0 0 0 376 0 469 115 0 56,572 53,658 -5.2%

Spanish 13 7,373 496 586 766 588 12 13 217 15 148 0 75 392 444 9,934 11,138 12.1% Arizona (Certified) Caseload Change Per Judgeship Spanish 0 0 0 0 0 0 2 20 62 42 20 0 12 0 0 210 158 -24.8% Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships (Non-Certified) District Court 2District 13 Tagalog 16 0 5 0 8 1 0 0 0 0 0 0 0 0 0 14 30 114.3% Filings 13,602 7,329 -46.1% 564 Bankruptcy 7 Vietnamese 0 0 23 6 15 12 0 0 0 0 5 0 0 0 8 109 69 -36.7% Terminations 10,154 14,259 40.4% 1,097 Magistrate All Others 6 290 39 31 39 445 9 7 1 7 18 0 8 7 32 844 939 11.3% 1Pending 13,844 6,891 -50.2% 530 Full-time 14 Total 42 38,310 1,854 1,758 1,348 20,884 36 69 282 64 577 0 577 516 499 68,789 66,816 -2.9% Bankruptcy Court Part-time 1

Filings 16,950 14,519 -14.3% 2,074

Terminations 16,021 15,667 -2.2% 2,238

¹Pending 19,496 18,347 -5.9% 2,621 Authorized places of holding court: ¹2019 total pending cases revised. ²Modesto applies only to the bankruptcy court. ³Bullhead City, Flagstaff, ³Yosemite applies only to the district court. Phoenix, Prescott, Tucson, Yuma

87 Central District of California

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court ²District 28

Filings 16,652 17,271 3.7% 617 Bankruptcy 21

Terminations 16,243 16,723 3.0% 597 Magistrate

1Pending 13,727 14,206 3.5% 507 Full-time 24

Bankruptcy Court Part-time 1

Filings 37,911 31,042 -18.1% 1,478

Terminations 38,239 35,252 -7.8% 1,679

1Pending 26,880 22,668 -15.7% 1,079 Authorized places of holding court: ¹2019 total pending cases revised. ²Includes one authorized temporary judgeship. ²Los Angeles, Riverside, ³San Fernando Valley and Santa Barbara apply only to the bankruptcy court. Santa Ana, ³San Fernando Valley, ³Santa Barbara

Eastern District of California

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court 1District 6

Filings 4,608 4,620 0.3% 770 Bankruptcy 6

Terminations 4,771 4,198 -12.0% 700 Magistrate

1Pending 7,244 7,661 5.8% 1,277 Full-time 12

Bankruptcy Court Part-time 0

Filings 15,123 12,279 -18.8% 2,047

Terminations 15,450 13,705 -11.3% 2,284

¹Pending 12,198 10,772 -11.7% 1,795 Authorized places of holding court: ¹2019 total pending cases revised. ²Modesto applies only to the bankruptcy court. Bakersfield, Fresno, ³Yosemite applies only to the district court. ²Modesto, Redding, Sacramento, 3Yosemite

88 Northern District of California

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 14

Filings 8,408 8,408 0.0% 601 Bankruptcy 9

Terminations 7,250 7,250 0.0% 518 Magistrate

1Pending 11,040 11,040 0.0% 789 Full-time 12

Bankruptcy Court Part-time 0

Filings 8,234 6,586 -20.0% 732

Terminations 10,387 8,255 -20.5% 917

1Pending 12,601 10,930 -13.3% 1,214 Authorized places of holding court: ¹2019 total pending cases revised. ²Eureka applies only to the district court. ²Eureka, Oakland, ³Santa Rosa applies only to the bankruptcy court. San Francisco, San Jose, Santa Rosa

Southern District of California

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court 1District 13

Filings 7,852 6,959 -11.4% 535 Bankruptcy 4

Terminations 7,710 6,381 -17.2% 491 Magistrate

1Pending 5,371 5,893 9.7% 453 Full-time 12

Bankruptcy Court Part-time 0

Filings 7,995 7,002 -12.4% 1,751

Terminations 8,298 7,842 -5.5% 1,961

¹Pending 6,059 5,219 -13.9% 1,305 Authorized places of holding court: ¹2019 total pending cases revised. 2El Centro applies only to the district court. 2El Centro, San Diego

89 Guam

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 1

Filings 204 78 -61.8% 78 Bankruptcy 0

Terminations 101 79 -21.8% 79 Magistrate

Pending 374 377 0.8% 377 Full-time 1

Bankruptcy Court Part-time 0

Filings 170 82 -51.8% 385

Terminations 174 97 -44.3% 271

1Pending 139 124 -10.8% 327 Authorized places of holding court: Note: The chief district judge in Guam also handles all bankruptcy cases. Hagatna

Hawaii

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court 1District 4

Filings 850 726 -14.6% 182 Bankruptcy 1

Terminations 784 765 -2.4% 191 Magistrate

Pending 951 909 -4.4% 227 Full-time 3

Bankruptcy Court Part-time 0

Filings 1,650 1,609 -2.5% 1,609

Terminations 1,760 1,618 -8.1% 1,618

Pending 1,933 1,924 -0.5% 1,924 Authorized places of holding court: ¹Includes one temporary judgeship. Honolulu

90 Idaho

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 2

Filings 922 889 -3.6% 445 Bankruptcy 2

Terminations 889 831 -6.5% 416 Magistrate

Pending 1,038 1,092 5.2% 546 Full-time 2

Bankruptcy Court Part-time 0

Filings 3,746 3,006 -19.8% 1,503

Terminations 3,652 3,672 0.5% 1,836

1Pending 2,955 2,289 -22.5% 1,145 Authorized places of holding court: ¹2019 total pending cases revised. Boise, Coeur d’Alene, Pocatello

Montana

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 3

Filings 910 981 7.8% 327 Bankruptcy 1

Terminations 919 873 -5.0% 291 Magistrate

1Pending 974 1,085 11.4% 362 Full-time 3

Bankruptcy Court Part-time 0

Filings 1,347 994 -26.2% 994

Terminations 1,220 1,215 -0.4% 1,215

1Pending 1,598 1,372 -14.1% 1,372 Authorized places of holding court: ¹2019 total pending cases revised. ²Helena applies only to the district court. Billings, Butte, Great Falls, 2Helena, Missoula

91 Nevada

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 7

Filings 3,312 3,410 3.0% 487 2Bankruptcy 4

Terminations 3,926 3,588 -8.6% 513 Magistrate

1Pending 4,883 4,721 -3.3% 674 Full-time 7

Bankruptcy Court Part-time 0

Filings 9,962 8,309 -16.6% 2,077

Terminations 9,865 9,167 -7.1% 2,292

Pending 7,735 6,877 -11.1% 1,719 Authorized places of holding court: ¹2019 total pending cases revised. ²Includes one authorized temporary judgeship. Las Vegas, Reno

Northern Mariana Islands

Caseload 1Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 1

Filings 40 44 10.0% 44 Bankruptcy 0

Terminations 42 30 -28.6% 30 Magistrate

Pending 63 77 22.2% 77 Full-time 0

Bankruptcy Court Part-time 0

Filings 4 1 - 0 Combination 1

Terminations 4 2 - 1

Pending 4 3 - 1

Note: The chief district judge in Northern Mariana Islands also handles all Authorized places of bankruptcy cases. holding court: 1Percent change not computed when fewer than 10 cases reported for the previous period. Saipan 2Heather Kennedy holds the combined position of magistrate judge/clerk of court.

92 Oregon

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 6

Filings 2,608 2,727 4.6% 455 Bankruptcy 5

Terminations 2,580 2,348 -9.0% 391 Magistrate

1Pending 3,053 3,415 11.9% 569 Full-time 6

Bankruptcy Court Part-time 1

Filings 8,986 7,374 -17.9% 1,475

Terminations 9,107 8,224 -9.7% 1,645

1Pending 9,050 8,201 -9.4% 1,640 Authorized places of holding court: ¹2019 total pending cases revised. 2 ²Medford applies only to the district court. Eugene, Medford, Pendleton, Portland

Eastern District of Washington

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 4

Filings 1,552 1,404 -9.5% 351 Bankruptcy 2

Terminations 1,517 1,465 -3.4% 366 Magistrate

1Pending 1,170 1,112 -5.0% 278 Full-time 2

Bankruptcy Court Part-time 0

Filings 3,500 2,584 -26.2% 1,292

Terminations 3,474 3,171 -8.7% 1,586

Pending 3,840 3,253 -15.3% 1,627 Authorized places of holding court: ¹2019 total pending cases revised. ²Richland applies only to the district court. 2Richland, Spokane, Yakima

93 Western District of Washington

Caseload Change Per Judgeship Measure 2019 2020 2019-20 Unweighted 2020 Authorized Judgeships

District Court District 7

Filings 3,852 3,655 -5.1% 522 Bankruptcy 5

Terminations 3,815 3,367 -11.7% 481 Magistrate

1Pending 3,470 3,785 9.1% 541 Full-time 6

Bankruptcy Court Part-time 1

Filings 9,343 7,152 -23.5% 1,430

Terminations 10,126 8,976 -11.4% 1,795

1Pending 11,010 9,187 -16.6% 1,837 Authorized places of holding court: ¹2019 total pending cases revised. ²Bellingham applies only to the district court. 2Bellingham, 3Everett, 3Port ³Everett and Port Orchard apply only to the bankruptcy court. Orchard, Seattle, Tacoma, Vancouver

94 UNITED STATES COURTS FOR THE NINTH CIRCUIT 2020 ANNUAL REPORT

Office of the Circuit Executive Elizabeth A. Smith, Circuit Executive P.O. Box 193939, San Francisco, CA 94119-3939 Ph: (415) 355-8900, Fax: (415) 355-8901 http://www.ca9.uscourts.gov