CIRCUIT NINTH THE FOR COURTS 2018 ANNUAL REPORT 2018 ANNUAL STATES UNITED UNITED STATES COURTS FOR THE NINTH CIRCUIT 2018 ANNUAL REPORT The Office of the Circuit Executive would like to acknowledge the following for their contributions to the 2018 Ninth Circuit Annual Report: The Honorable Sidney R. Thomas, Chief Judge, U.S. Court of Appeals for the Ninth Circuit Elizabeth A. Smith, Circuit Executive, Ninth Circuit Molly C. Dwyer, Clerk of Court, U.S. Court of Appeals for the Ninth Circuit Susan M. Spraul, Clerk, Ninth Circuit Bankruptcy Appellate Panel John M. Bodden, Chief Probation Officer, District of Oregon David L. Martin, Chief Pretrial Services Officer, District of Arizona Cover image and below: Circuit Judge William A. Fletcher administers oath of office to law clerk Mica Moore. 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 Seated from left to right are Senior Circuit Judge N. Randy Smith, Circuit Judge Morgan Christen, Chief Circuit Judge Sidney R. Thomas, Circuit Judge Milan D. Smith, Jr., and Circuit Judge Jay S. Bybee. Standing from left to right are District Judge Rosanna Malouf Peterson, Chief Bankruptcy Judge Gary A. Spraker, Magistrate Judge Michelle Hamilton Burns, Bankruptcy Court Clerk Tyler P. Gilman, District Court Clerk Brian D. Karth, and Circuit Executive Elizabeth A. Smith. Not pictured are Circuit Judge Mary H. Murguia, Senior District Judge Barry Ted Moskowitz, Chief District Judge Ricardo S. Martinez, Chief District Judge Virginia A. Phillips, Chief District Judge J. Michael Seabright, Senior District Judge Susan Oki Mollway, Chief District Judge Dana L. Christensen, District Judge Andrew J. Guilford, Chief Probation Officer John M. Bodden, and Chief Pretrial Services Officer David L. Martin. TABLE OF CONTENTS NINTH CIRCUIT OVERVIEW SPACE AND SECURITY Foreword 1 With Ninth Circuit Help, Federal Courts Ninth Circuit Overview 4 Pursue Space and Facilities Projects in the Western States 40 Judicial Council, Advisory Groups and Administration 5 Courthouse Under Construction 41 JUDICIAL TRANSITIONS WORK OF THE COURTS New Judges 10 Court of Appeals Reduces Pending Cases, Improves Processing Times 44 Senior Judges 16 Border Courts See Major Spike in Criminal Filings, In Memoriam 18 Driving Overall Caseload Increase 48 In Memoriam – The Honorable Bankruptcy Courts Continue Series Stephen Reinhardt 20 of Slight Declines in New Filings 52 NINTH CIRCUIT HIGHLIGHTS Bankruptcy Appellate Panel Sees Slight Decrease in New Appeals 55 Ninth Circuit Moves Swiftly to Improve Workplace Relations Policies 22 Magistrate Judges Reach 50-Year Milestone of Vital Contributions 57 The Justice Anthony M. Kennedy Library and Learning Center Federal Public Defenders See Caseloads Marks Fifth Year of Operation 24 Climb as New Policies Take Hold 60 Ninth Circuit Probation Offices See Kennedy Returns to Sacramento for Civics Minimal Changes in Workload 63 Program Launching the “Civics Passport” 27 Defendants Under Pretrial Ninth Circuit Judicial Conference 28 Supervision Increase 66 Ninth Circuit Judicial Conference Juror Utilization 69 Honors California Jurist and Attorney 32 Interpreter Usage 70 Information Technology Director Honored for Excellence in Technology 34 District Caseloads 71 Ninth Circuit Welcomes New Law Clerks 35 Information Technology Conference West 35 Administrative Changes 36 Awards 38 FOREWORD The 2018 Ninth Circuit Annual Report provides an overview of the work of federal courts in the western United States. The past year was particularly challenging for our courts, many of which experienced significantly larger workloads while also contending with multiple judicial vacancies. A natural disaster in the Pacific islands and an extended CHIEF JUDGE partial federal government shutdown SIDNEY R. THOMAS at year’s end brought additional stress. Fortunately, judges and court staff rose to the challenges, continuing to provide superb service to litigants and the public at large. I commend all of them. In the federal trial courts of the Ninth Circuit, FY 2017. Southern District defenders closed 12,146 criminal filings rose by 21.1 percent in fiscal year cases, up a staggering 113.7 percent from the prior 2018. All 13 district courts in the nine western fiscal year. Federal defenders in the neighboring states that comprise the circuit reported increased District of Arizona, meanwhile, opened 9,441 criminal filings. Courts on the United States- new cases, up 64.3 percent from FY 2017, and Mexico border were most severely impacted as a closed 9,365 cases, up 58.9 percent from FY 2017. result of the Department of Justice’s large increase in illegal immigration prosecutions. The largest Increased workloads were particularly caseload increase in the circuit, numerically and challenging for courts with longstanding, percentage-wise, was reported by the U.S. District multiple judicial vacancies. The Southern Court for the Southern District of California. District of California ended the year with four Judges and staff in the San Diego-based court of its 13 judgeships vacant with a fifth vacancy labored under a 45.5 percent increase in new expected in early 2019. Seven of 28 judgeships criminal filings. authorized to the Los Angeles-based U.S. District Court for the Central District of California were The shift in government immigration policies vacant at year’s end, including one seat empty also impacted the workloads of federal public for more than four years. In the Seattle-based defender offices in the border courts. Community Western District of Washington, three of seven defenders in the Southern District of California district judgeships have been vacant for more opened 10,909 new cases, up 68.1 percent from than two years. 1 Federal trial courts in the circuit continue to Although declining slightly, pro se appeals receive significant contributions from magistrate continue to constitute a large portion of the judges, who perform a variety of duties from Ninth Circuit docket. In FY 2018, pro se litigants conducting preliminary proceedings to issuing accounted for 45.4 percent of all appeals opened search and arrest warrants. 2018 marks the 50th during the year. Pro se appeals from prisoners in anniversary of the Federal Magistrate Judges state and federal prisons within the circuit were Act, which established the magistrate judge the most numerous. system in 1968. In the Ninth Circuit, magistrate judges disposed of 256,207 civil and criminal Judges of the Ninth Circuit Court of Appeals matters, up 12.7 percent from FY 2017. welcomed two new colleagues in 2018. Judge Mark J. Bennett of Honolulu, Hawaii, took the bench in Natural disasters also provided challenges July while Judge Ryan D. Nelson of Idaho Falls, to Ninth Circuit courts. We experienced Idaho, was seated in October. Other new judicial deadly wildfires in California and a volcanic colleagues included District Judges Susan Brnovich eruption in Hawaii. Alaska experienced a and Dominic W. Lanza of the District of Arizona major earthquake that temporarily closed the and Jill Aiko Otake of the District of Hawaii; district and bankruptcy courts. In late October, Bankruptcy Judge Joseph M. Meier of the District of the Commonwealth of the Northern Mariana Idaho; and 12 magistrate judges. Islands, a U.S. protectorate, was devastated by Super Typhoon Yutu. The islands of Tinian and We mourned the passing of Circuit Judge Stephen Saipan took the brunt of the damage from the Reinhardt of Los Angeles, who died unexpectedly massive storm, which brought sustained winds in March after serving for more than 37 years of up 180 mph. The U.S. District Court for the as an active judge of the Ninth Circuit Court of Northern Mariana Islands on Saipan closed Appeals. He was rightly considered to be one during the worst of the storm. In both Alaska of the giants of the law and a good friend and and Saipan, the federal courts reopened within colleague. We also mourned the loss of retired days, which is a tribute to the dedication of their District Judge Samuel Conti, the longest-serving judges, staff, and the Circuit Executive’s Office. judge in the history of the Northern District of California with 45 years on the bench. The Ninth Circuit Court of Appeals continued to reduce its pending caseload and case processing In 2018, we reaffirmed our commitment to a times in FY 2018. Through the use of case healthy workplace for all employees. During the management techniques and the efforts of circuit year, all our courts adopted revised Employment judges, the court lowered its pending caseload Dispute Resolution policies that reduce barriers to by 9.4 percent in FY 2018. This followed a 14.7 employees who want to officially report workplace percent reduction in the pending caseload in FY misconduct, while also providing multiple avenues 2017. The median time interval from filing of for them to informally seek advice and resolve a notice of appeal to final disposition was 11.7 problems. Our model Employee Confidentiality months in FY 2018, down from 13 months in FY Policy was modified to make clear it does not 2017 and 15.2 months in FY 2016. prevent or discourage employees from reporting 2 misconduct, including sexual or other forms of in Anaheim, California. Judge Guilford was harassment. In addition to policy changes, the selected the recipient of the 2018 Ninth Circuit Judicial Council of the Ninth Circuit approved the Professionalism Award from the American Inns employment of the federal judiciary’s first director of Court.