UNITED STATES COURTS FOR THE NINTH CIRCUIT FOR COURTS UNITED STATES United States Courts for the Ninth Circuit 2020 ANNUAL REPORT 2020 ANNUAL 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 Hawaii 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 Morgan Christen, 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 Brian Morris (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