Help Wanted – Federal Judges: Judicial Gridlock; Solving an Immediate Problem and Averting a Future Crisis
Abstract
In Part I of this Article, the extent of judicial gridlock in the federal courts is described, and some of the causes of this problem are discussed. In Part II, the constitutional objective of ensuring and maintaining an efficient judiciary is discussed. In Parts III and IV, the impact of judicial gridlock on criminal and civil dockets, respectively, is discussed.
Finally, in Part V a tripartite solution to the problem of judicial gridlock is proposed. In the first section of Part V, the immediate creation of additional judgeships is called for. In the second section, the development of a nine-year plan for a fifty percent increase in the number of judicial positions by the year 2001 is proposed. In the third section, it is proposed that the President employ the recess appointment power of Article II, Section 2, of the Constitution to fill vacant judicial positions.