Ninth Circuit United States Courts ANNUAL REPORT Judicial Council of the Ninth Circuit Seated from left are Chief District Judge Audrey B. Collins (CAC); Senior Circuit Judge Procter Hug, Jr.; Circuit Judge Sidney R. Thomas; Chief Circuit Judge Alex Kozinski; Circuit and Court of Appeals Executive Cathy A. Catterson; Circuit Judge M. Margaret McKeown; and Chief District Judge Irma E. Gonzalez (CAS). Standing from left are **District Court Clerk Lance S. Wilson (NV); Senior District Judge Terry J. Hatter, Jr., (CAC); Senior District Judge Robert H. Whaley (WAE); Chief District Judge Roger L. Hunt (NV); Chief Magistrate Judge Karen L. Strombom (WAW); Chief Bankruptcy Judge Randall J. Newsome (CAN), Chief Probation Officer William Corn (WAW), and Chief Pretrial Services Officer Sandra D. Hall (CAE). Not pictured: District Judge Charles R. Breyer (CAN), *Bankruptcy Court Clerk Jon D. Ceretto (CAC), *Chief Bankruptcy Judge Robert J. Faris (HI), Bankruptcy Court Clerk Gloria Franklin (CAN), Circuit Judge Ronald M. Gould, *Circuit Judge Susan P. Graber, *Chief Probation Officer Yador J. Harrell (CAN), *Chief District Judge Robert S. Lasnik (WAW), *Senior District Judge Stephen M. McNamee (AZ), *Chief Pretrial Services Officer Timothy McTighe (WAW), District Court Clerk Victoria Minor (CAE), *Chief District Judge John W. Sedwick (AK), *Senior Circuit Judge David R. Thompson, Chief District Judge Vaughn R. Walker (CAN), and Chief District Judge B. Lynn Winmill (ID). *Term expired September 30, 2009. **District Court Clerk Lance S. Wilson standing in for District Court Clerk Victoria Minor. 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 confi dence in the judiciary. Table of Contents Ninth Circuit Overview Space & Facilities 2 Judicial Council Mission Statement 34 Ninth Circuit, General Services 3 Foreword by Chief Judge Alex Kozinski Administration Rededicate Seattle Courthouse 5 Ninth Circuit Overview 36 Judge McNamee Honored for Space & Security Committee Service 6 Judicial Council and Administration 37 Courthouses in Design Phase 38 Courthouse Under Construction Judicial Transitions 10 New Judges 12 New Senior Judges The Work of the Courts 15 In Memoriam 40 Court of Appeals 45 District Courts Ninth Circuit Highlights 49 Bankruptcy Courts 18 Courts Find New Ways to Respond 51 Bankruptcy Appellate Panel to Influx ofPro Se Cases 53 Magistrate Judge Matters 19 Sentencing Commission Hears from Judges 55 Federal Public Defenders 20 Ninth Circuit Pro Bono Recognition 57 Probation Officers 21 Ninth Circuit Bench, Bar Making Transition 59 Pretrial Services Officers to Electronic Documents 61 Juror Utilization 22 Judicial Conference Navigates Turbulent Times 62 Court Interpreters 24 Judicial Conference Award Presentations 64 District Caseloads 26 Judge Fletcher Honored for Lifetime of Work Wellness Committee Sponsors Pre-Retirement Seminar for Judges 27 Courts Encouraged to Develop Policies for Electronic Devices 28 IT Conference for Pretrial & Probation 29 Ninth Circuit COOP Conference Focuses on Disaster Recovery 30 Central District Participates in Great Southern California Shakeout Drill 31 Ninth Circuit Fuels Team Effort in Pacific Island Courts 32 International Visitors Include Contingent of Thai Judges Foreword he federal courts of the Ninth Bankruptcy courts in the circuit reported 339,005 new TCircuit are among the busiest cases, a 56.6 percent increase. This followed a 70 percent 34 Ninth Circuit, General Services in the nation, dispensing criminal increase in filings in 2008. Bankruptcy courts in 14 of Administration Rededicate Seattle Courthouse justice and settling civil disputes in the 15 judicial districts of the circuit saw filings jump with 36 Judge McNamee Honored for Space nine western states and two Pacific Arizona, California and Nevada particularly hard hit. & Security Committee Service Island jurisdictions. Our judges, 37 Courthouses in Design Phase supported by dedicated court All of the courts continue to face the challenges 38 Courthouse Under Construction staff, deal every day with diverse posed by pro se cases in which at least one party is not and challenging legal questions. represented by counsel. These cases, which generally Their decisions can have profound require additional time and effort by court staff due to effects on the environment and our the self-represented litigant’s unfamiliarity with the law, Chief Judge society, or pertain to just one person have grown steadily in recent years. In 2009, pro se cases 40 Court of Appeals struggling for a better life. In comprised 48.5 percent of the new appeals opened 45 District Courts Alex Kozinski matters large and small, they strive by the court of appeals, 35.4 percent of the new civil 49 Bankruptcy Courts to follow the law while providing cases reported by the district courts and 15.8 percent 51 Bankruptcy Appellate Panel the highest level of service to litigants and the public at large. of the bankruptcy filings received by the bankruptcy 53 Magistrate Judge Matters The 2009 Ninth Circuit Annual Report looks back at their work courts. Prisoner petitions and immigration matters 55 Federal Public Defenders this past year. I hope you find the report informative and make up the bulk of the pro se cases at the trial court 57 Probation Officers encourage you to provide us with feedback. and appellate levels. 59 Pretrial Services Officers 61 Juror Utilization Both operationally and in the area of new initiatives, 2009 In responding to the challenges posed by pro se cases, 62 Court Interpreters was another noteworthy year for the Ninth Circuit. Our courts are improving their case management techniques bankruptcy courts reported record filings, reflecting and providing additional assistance to self-represented 64 District Caseloads litigants. Several of our district courts have established ongoing weakness in the economy. District courts saw their caseloads rise, led by significant increases in criminal self-help clinics, while bankruptcy courts continue filings. The Ninth Circuit Court of Appeals, meanwhile, to offer debtor assistance programs and educational experienced a welcome dip in new filings, due largely to seminars. At the court of appeals, pro se cases are fewer immigration matters. The court made the most of vigorously screened and those having merit often the lull by increasing its case terminations and reducing its receive pro bono representation. Dozens of attorneys pending caseload. throughout the circuit have generously given time and expertise to represent pro se litigants through a For the year, the Ninth Circuit Court of Appeals reported court-sponsored program. These volunteer efforts 12,223 new appeals, down 8.1 percent from 2008. It were recognized with receptions at the Ninth Circuit’s remained the nation’s busiest appellate court with 21.4 courthouses in Pasadena, San Francisco and Seattle. percent of all new appeals nationally. Appellate filings nationwide were down 7.1 percent. In the area of new initiatives, the Judicial Council of the Ninth Circuit in December approved an experimental District courts, which serve as trial courts in the federal system, pilot program to allow limited use of cameras in the reported 62,221 criminal and civil cases opened in 2009. district courts as a means of increasing public access to Filings were up 12.4 percent from 2008, more than double the the judicial process. The program, the outgrowth of a increase reported by district courts nationally. Criminal filings resolution adopted by the 2007 Ninth Circuit Judicial numbered 17,932, up 16.9 percent from the prior year. Conference, is limited to civil, non-jury trials. Cases are proposed by a chief district judge and approved by In the area of space and facilities, 2009 saw the completion the chief judge of the circuit. The circuit is developing of a three-year project to renovate and modernize the a model Local Rule and sample guidelines for courts William Kenzo Nakamura U.S. Courthouse in Seattle. considering participating in the program. Federal judges and representatives of the General Services Administration gathered in June to rededicate the building The council also moved toward adoption of suggested for use by the court of appeals. New courthouses were principles and practices for use of electronic devices in opened in Great Falls, Montana, and Coeur d’Alene, Idaho, courthouses and courtrooms by jurors, the bar, media where the court of appeals held a special sitting in March as and the public. The recommendations, which are meant part of a community celebration for the new building. to assist district and bankruptcy courts in developing electronic device policies, were developed by a special During the year, new funding was found for much subcommittee drawn from standing circuit committees needed projects. The American Recovery and involved with information technology, jury trials and Reinvestment Act, enacted in March, provided $350 media relations. Special consideration was given to jurors million to the Ninth Circuit for courthouse projects in to avoid their inappropriate use of the devices to conduct Honolulu, Hawaii,