United States Courts for the Ninth Circuit 2015 Annual Report Courts the Ninth Circuit 2015 for United States 2015 Ninth Circuit Annual Report The Office of the Circuit Executive would like to acknowledge the following for their contributions to the 2015 Ninth Circuit Annual Report: Chief Judge Sidney R. Thomas Chief District Judge Ann L. Aiken, District of Oregon Cathy A. Catterson, Circuit and Court of Appeals Executive, Ninth Circuit Molly C. Dwyer, Clerk of Court, Ninth Circuit Court of Appeals Susan M. Spraul, Clerk, Ninth Circuit Bankruptcy Appellate Panel Mary Lou Moran, Clerk of Court, District of Oregon Gina Faubion, Chief Pretrial Services Officer, Eastern District of California David Sultzbaugh, Chief Probation Officer, Southern District of California Ninth Circuit Library Staff Cover Image: The lobby of the Mark O. Hatfield United States Courthouse in Portland, Oregon, features a portrait of Judge Matthew Paul Deady, the first judge of the Oregon federal court. JUDICIAL COUNCIL OF THE NINTH CIRCUIT MISSION STATEMENT he mission of the Judicial Voting members of the Judicial Council of the Ninth Circuit are Chief Judge Sidney R. Thomas, Senior Circuit Council of the Ninth Circuit Judge William C. Canby, Jr., *Senior Circuit Judge J. T Clifford Wallace, Circuit Judge Richard A. Paez, *Circuit is to support the effective and Judge Richard C. Tallman, Circuit Judge Consuelo M. Callahan, Circuit Judge N. Randy Smith, Circuit Judge expeditious administration of Mary H. Murguia, Chief District Judge Raner C. Collins, Chief District Judge George H. King, Chief District Judge justice and the safeguarding of B. Lynn Winmill, Senior District Judge Susan Y. Illston, fairness in the administration of *Senior District Judge Anthony W. Ishii the courts within the circuit. To Observer members of the Judicial Council of the Ninth Circuit are Chief District Judge Ann L. Aiken, *Chief do so, it will promote the fair and District Judge Ralph R. Beistline, *Chief District Judge Susan Oki Mollway, District Judge Anna J. Brown, prompt resolution of disputes, *District Judge Robert S. Lasnik, Senior District Judge Claudia Wilken, *Chief Bankruptcy Judge Frank R. ensure the effective discharge of Alley, III, Chief Bankruptcy Judge Laura S. Taylor, Chief Magistrate Judge Deborah M. Smith, District Court court business, prevent any form Clerk Mary Moran, *District Court Clerk Terry Nafisi, of invidious discrimination, and Bankruptcy Court Clerk Mary Ann Schott, *Bankruptcy Court Clerk Wayne E. Blackwelder, Chief Probation enhance public understanding of, Officer David Sultzbaugh, *Chief Probation Officer Felix S. Mata, Chief Pretrial Services Officer Gina Faubion, and and confidence in the judiciary. *Chief Pretrial Services Officer David L. Martin. *Term expired in 2015 TABLE OF CONTENTS NINTH CIRCUIT OVERVIEW SPACE & SECURITY 1 Foreword 50 Federal Court Has Long Presence in Portland 3 Ninth Circuit Overview 54 Art Exhibit Recalls Trauma of Internment 4 Judicial Council, Advisory Groups 55 Ninth Circuit Staff Plays Key Role in and Administration Judiciary’s Effort to Reduce Energy Costs 55 Dedication Ceremony Held for New JUDICIAL TRANSITIONS Courthouse in Northern California 8 New Judges 56 Courthouse Under Construction 9 Judicial Investiture in Fresno 13 Senior Judges WORK OF THE COURTS 14 In Memoriam 58 Court of Appeals Reports Slight Decrease in New Appeals NINTH CIRCUIT HIGHLIGHTS 62 District Courts 18 New Judicature Has Ninth Circuit Flavor 66 Bankruptcy Courts Report Fewer Cases 19 Ninth Circuit Judge Edward Leavy Receives 68 Bankruptcy Appellate Panel Prestigious Devitt Award 70 Magistrate Judges 21 Ninth Circuit Breaks New Ground with 72 Sentencing Change Causes Caseloads Corrections Summit to Rise for Most Federal Defenders 23 Ninth Circuit Judicial Conference 74 Probation Officers 25 Civics Gets Its Due at the Circuit Conference 77 Pretrial Services Officers 27 Ninth Circuit Judicial Conference Awards 80 Juror Utilization 29 Ninth Circuit Welcomes New Judges 81 Court Interpreters 30 Northern California Federal Bar Luncheon 82 District Caseloads 31 In Stockton, Justice Sotomayor Talks of Life, Learning and Leadership 32 Northern District of California’s Longest Serving Judge Retires 33 Ninth Circuit Welcomes Ugandan Visitors 34 Appellate Panels Travel the West for Special Sittings 35 Montana Celebrates Famed Jurist 36 Quackenbush Lecture Series Draws Top Speakers 37 Lecture Named for Ninth Circuit Jurist, Spouse 38 Judges, Staff Find Merit in Jury Summit 39 Magistrate Judges Focus on Legal Impacts of Technology 41 Ninth Circuit Courts Pursue ADR 43 2015 Award Recipients 44 Ninth Circuit Holds Annual Law Clerk Orientation 45 District Courts Staffs Get National Recognition 46 Administrative Changes Around the Circuit FOREWORD am pleased to provide you with The rebounding economy has eligibility for a retroactive I the 2015 Ninth Circuit Annual meant fewer bankruptcy filings in sentence reduction instituted by Report. The Report highlights the Ninth Circuit and the nation. the U.S. Sentencing Commission. events and activities involving New filings in the circuit were The change has resulted in early and affecting judges and judicial down 18.2 percent from the prior release of some offenders, which staff in nine western states and fiscal year. The Central District has been successfully managed two Pacific Island jurisdictions of California, which experienced by our United States Probation and provides statistical summaries Services offices. of the work done by our courts. This is my second report as The Ninth Circuit Court Chief Judge, and I am happy to of Appeals enjoyed its full advise that our courts once again complement of 29 active judges for provided exceptional services to most of the year. A new vacancy litigants and the general public. occurred in December when our friend Judge Harry Pregerson of The United States Court of Woodland Hills, California, took Appeals for the Ninth Circuit senior status. District Judge Lucy remains the nation’s busiest federal H. Koh of San Jose, California, appellate court with 22.5 percent of has been nominated for the seat. all new appeals nationally. While Following a wave of judicial our docket reflects the full scope of confirmations in 2014, the only federal law, immigration matters new district judge to be seated in and appeals brought by inmates in CHIEF JUDGE 2015 was District Judge Dale A. state or federal prisons accounted Drozd of the Eastern District of SIDNEY R. THOMAS for 53.3 percent of new filings. Just California. The year ended with under half of all new appeals to the a drop of almost 20 percent, five vacancies among the district court involved at least one litigant nonetheless remains the busiest courts of the circuit, three of not represented by a lawyer. bankruptcy court in the country. them in the Central District of Appeals to the Ninth Circuit California. The court of appeals In the 15 federal trial courts of the Bankruptcy Appellate Panel also appointed five new bankruptcy circuit, new criminal cases were fell by 20 percent. judges, while districts courts down 4.9 percent, due in part to appointed 11 new magistrate the changes in federal prosecution This year’s report from the judges. priorities. The District of Arizona, Circuit’s federal public defenders, one of two Ninth Circuit border who represent indigent This past year saw the passing of courts, continues to lead the nation defendants, proved unusual: New a number of distinguished jurists. in number of defendants charged case openings were down circuit- While all of them are recognized with drug offenses and ranks wide while actually increasing elsewhere in this report, I would second nationally for defendants in most districts. The overall be remiss not to mention the loss charged with immigration offenses. decrease stems from a very steep of my Ninth Circuit colleague, New civil cases in the circuit drop in one district, while the Senior Judge Arthur L. Alarcón, declined by 7.7 percent. About one increases in the other districts the first Hispanic to sit on our in five of new civil cases is being are due to the reopening of court, and Senior District Judge brought by a prison inmate. closed drug cases to determine Lawrence K. Karlton, a legendary 1 jurist in the Eastern District of Court staff from the Ninth office, U.S. attorney, and the U.S. California. Both of these judges Circuit received awards from the Marshals Service. were dedicated servants of the law Administrative Office of the U.S. and role models for generations of Courts. A Director’s Award for Because our judges and staffs colleagues. Excellence in Court Operations are willing to consider new were presented to court staff from approaches to challenging Over the course of the year, we the District of Nevada and the problems, federal courts of the celebrated the accomplishments Southern District of California for Ninth Circuit are frequently of a number of judges. Heading developing the eVoucher System, trailblazers. This past year the list is Senior Circuit Judge which automates the process of provided another example of Edward Leavy, one of Oregon’s billing and disbursing payments that with the Ninth Circuit most admired jurists, who for indigent defense under the Corrections Summit. This was received the 2015 Edward J. Criminal Justice Act. Clifford a first-of-its-kind gathering of Devitt Distinguished Service Harlan, assistant circuit executive important stakeholders in the to Justice Award, the judiciary’s for space and facilities in the difficult area of prisoner litigation, highest honor. The award was Office of the Circuit Executive, including representatives of state presented during a special dinner also received the same award attorneys general and corrections at the U.S. Supreme Court in for his contributions to an inter- departments from all of the states Washington attended by Chief governmental effort to reduce the that comprise the circuit. Judging Justice John G. Roberts, Jr., and judiciary’s energy use and costs.