2013-042 Requesting our US Senators to forward to President Obama a bi-partisan slate of qualified judicial nominees to fill the vacant federal judge position in the US District Court for the Eastern District of Texas, Sherman Division with preferencRESOLUTION NO. 2013 -042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
RESPECTFULLY REQUESTING THE UNITED STATES SENATORS,
WORKING WITH APPROPRIATE OFFICIALS, FORWARD TO PRESIDENT
OBAMA A BI- PARTISAN SLATE OF QUALIFIED POTENTIAL NOMINEES TO
CONFIRM BY MARCH 31, 2014, A FEDERAL JUDICIAL NOMINEE FOR THE
SHERMAN DIVISION OF THE EASTERN DISTRICT OF TEXAS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, along with community, business, education, prosecutor, and judicial
leaders from five counties in North Texas, representatives of the City of Paris, Texas
attended the September 25, 2013 meeting of the Grayson County Bar Association at which
our Congressman, the Hon. Ralph Hall, was to address the long term federal judicial
vacancy in the Sherman Division of the Eastern District of Texas sitting at Sherman; and,
WHEREAS, that judicial position has become deeply woven into the significant
judicial, educational, and business fabric of more than 150 year history North Texas' Red
River Valley as a place of deep honor and broad service; and,
WHEREAS, the City Council of Paris vigorously and unanimously supports the
Grayson County Bar Resolution arising from the powerful presentation of several federal
and local officials at that September 25, 2013 meeting; and
WHEREAS, our expression of concern is sufficient to request the urgent assistance
of the President, our United States Senators, and our Congressional Representatives, given
the short term potential for a catastrophic interference with the handling of Federal judicial
affairs and the long term risk of complete loss of Federal judicial presence in Sherman and
surrounding communities of North Texas, a regrettable conclusion based on the following
facts:
• The last permanent resident judge to serve the Sherman Division sitting at
Sherman was the Honorable Paul N. Brown, nominated on September 11,
1985 by President Ronal Reagan and confirmed by the United States Senate
on October 16, 1985;
• Judge Brown served faithfully in that role, including past the time of his
taking senior status on April 1, 2001;
• Judge Brown ceased taking new cases on June 1, 2006 and retired on
November 10, 2006, marking the end of 21 diligent years on the bench;
• Judge Brown passed away on November 26, 2012;
• The bench occupied by Judge Brown has now lain vacant for seven (7) years,
with each passing day adding more cases to a crushing docket, corresponding
delay in criminal and civil cases, and risk of denying Americans of average
means access to our federal courts;
• The ordinary judicial duties to serve the Federal Court sitting at Sherman are
routinely filled by two Federal District Judges driving 344 miles from
Beaumont to Sherman to tend the docket, while balancing calls for their time
in their assigned place of service in Beaumont, with other judges occasionally
being called from their duty stations in Texarkana and Tyler;
• On June 13, 2003, the judges of the Eastern District recognized the urgency of
the circumstance when they passed a resolution calling for the next
appointment of an Eastern District Judge to be expressly for the Sherman
Division, reflected in the attached Exhibit "A ";
• On November 19, 2003, the United States Congress considered legislation
designated as S. 1720 to effectuate the substance of the above resolution, in
the course of which consideration the Congressional Record evidences
support for same by the Administrative Office of the U.S. Courts, Senators
John Cornyn and Kay Bailey Hutchison, Congressman Sam Johnson, and
Congressman Hall, assuring Sherman as a place of court with a resident
federal judge, as reflected in the attached Exhibit "B;"
• On December 3, 2003, that measure was signed into law by President George
W. Bush as Public Law No. 108 -157;
• Despite the District Judges' resolution and the subsequent enactment of
Public Law No. 108 -157, the next appointment of an Eastern District Judge
was designated for the Marshall Division, continuing Sherman without a
resident federal judge, further underscoring the need for this appointment;
• Once by Grayson Bar Association resolution on May 11, 2011, and again by
letter dated September 28, 2011, the Grayson Bar Association requested
relief from President Barack Obama, with the assistance of our Senators, as
reflected in the attached Exhibit "C
• The Administrative Office of the United States Courts has since declared the
vacancy left by Judge Brown as one of the nation's most pressing "Judicial
Emergencies," reflected in the attached Exhibit "D ";
• The Hon. Richard A. Schell, the only other resident district judge in the
Sherman Division of the Eastern District of Texas, but sitting in Plano, has
indicated his intention to take senior status in March of 2015, further
underscoring the urgency of filling the Sherman court vacancy left by Hon.
Paul Brown;
• The announcement of Hon. Richard A. Schell is anticipated to be made before
March 31,2014;
WHEREAS, the significance of this historic judicial position to the community
cannot be measured fully in either economic or judicial terms, but are observable through
the presence of hundreds of jobs directly and indirectly connected to the Federal judicial
presence in Sherman and surrounding communities.
WHEREAS, Sherman and the surrounding communities have lived up to their end of
the 2003 agreement with the Collin County and Plano communities to move fifty percent
(50 %) of the cases from the Federal Court sitting at Sherman, but the effective other end of
that agreement has not, through a variety of circumstances, been fulfilled since at least the
November of 2006 retirement of Judge Brown.
WHEREAS, that variety of circumstances, however justifiable from time to time, has
resulted in a seven year Sherman Federal Court vacancy being tended by hard working
Federal judges driving 344 miles from Beaumont, leaving Sherman, surrounding
communities, and this court one car wreck away from a judicial catastrophe in a judicial
district serving over a million and a half residents already operating short - handed to
handle the nation's greatest case load, at least on a weighted basis, and leaving the
Sherman federal judicial vacancy as an officially declared "Judicial Emergency."
WHEREAS, this officially declared "Judicial Emergency" is remediable by the
cooperative action of our President, our Senators, and our Congressional Representatives
working to produce a bi- partisan slate of qualified candidates from which the President
may select a nominee, as promptly as possible, and certainly in time for the nominee to be
confirmed and on the job by March of 2014 when Judge Schell announces his projected
senior status.
WHEREAS, any of several qualified members of the Grayson County Bar Association
or Lamar County Bar Association would, if nominated, offer the greatest practical
assurance of a continuous Federal judicial presence for many years, helping to restore
much needed efficiency and structural stability for a fundamental institution of our
republican form of government.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the City of Paris respectfully requests our United States Senators,
working with appropriate officials, forward to President Obama a bi- partisan slate of
qualified potential nominees in time to allow both President Obama to nominate and the
Senate to confirm by March 31, 2014, a federal judicial nominee for the Sherman Division
of the Eastern District of Texas, sitting at Sherman, Texas with strong preference being
given to a nominee residing in Lamar or Grayson County reasonably to assure unbroken
federal judicial presence in Sherman.
Section 3. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 16th day of December, 2013.
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
Exhibit "A"
GENERAL ORDER NO. 03-15
F LED
US. DISTRICT COURT
1rASTEMW DISTRICT OFTEXAS
IUN ! b 2003
IN THE UNITED STATES DISTRICT 00L#
FOR THE EASTERN DISTRICT OFT XA14,
RESOLUTION REGARDING PLACES OF HOLDING COURT IN THE SHERMAN
DIVISION
Since 1991, both this court and the Judicial Conference of the United States have supported
legislation authorizing Plano as aplace ofholding court in the Sherman Division. Rapid population
growth in the Sherman Division over the past decade, particularly in Collin and Denton Counties,
underscores the need for an additional court facility. Sherman Division civil and criminal weighted
filings over the past five years have grown by 100 %. Sherman now has the second heaviest weighted
caseload of the six divisions in the Eastern District of Texas.
In the near future, two resident district judges, a resident magistrate judge and a visiting
district judge will be hearing all Sherman Division cases in only two courtrooms. The court has
already run out of room in Sherman and needs to acquire additional court facilities in the Division.
Having court facilities in both Sherman and Plano will enable the court to better manage the rapidly
growing caseload and provide better service to a large population base in southern Collin County.
It is the court's intention, when a place of holding court in Plano is authorized, to assign the
case filings as follows:
50% civil and criminal cases docketed and tried in Sherman (Judges Brown and Davis)
50% civil and criminal cases docketed and tried in Plano (Judge Schell)
In light of the above, the judges of this court hereby REAFFIRM our prior resolution to
establish Plano as a place of holding court in the Sherman Division, and RESOLVE, if pending
legislation passes that authorizes Plano as a place of holding court, to have half the Sherman
Division caseload docketed and tried in Sherman, and the other half of the caseload docketed and
tried in Plano. The court intends to maintain at least one resident judge in Sherman and one resident
judge in Plano. If Judge Brown ceases holding court in Sherman, anew resident judge. shall be
designated to hold court in Sherman as soon as possible, and pending the new judge's residing in
Sherman, 50% of civil and criminal cases shall be docketed and tried in Sherman, and the clerk's
office in Sherman s all remain staffed sufficiently to support a resident judge.
Signed this day of June, 2003.
FOR THE COURT:
I
Exhibit "B"
Congressional Record, Volume 149 Issue 168 (Wednesday, November 19, 2003) Page 1 of 8
(Congressional Record volume 149, Number 168 (Wednesday, November 19, 2003)]
(House]
(Pages H11586- H115893
From the Congressional Record Online through the Government Printing Office [2nn.cuo.Q0v3
PROVIDING FOR FEDERAL COURT PROCEEDINGS IN PLANO, TEXAS
Mx. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the Senate bill (S. 1720) to provide for Federal court proceedings in
Piano, Texas,
The Clerk read as follows:
S. 1720
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION L. CHANGE IN COMPOSITION OF DIVISIONS OF EASTERN
DISTRICT OF TEXP_S,
(a) In General. -- Section 124(c) of title 28, United States
Code, is amended --
(1) in paragraph (3)
(A) by striking "Denton, and Grayson" and inserting
"Delta, Denton, Fannin, Grayson, Hopkins, and Lamar"; and
[ [Page H11587])
(B) by inserting "and Plano"" after "held at Sherman " ;
(2) by striking paragraph (4) and redesignating paragraphs
(5) through (7) as paragraphs (4) through (6), respectively;
and
(3) in paragraph (5), as so redesignated, by inserting
"Red River, T " after 'Franklin, ".
(b) Effective Date.- -
(1) In general.- -This section and the amendments made by
this section shall take effect on the date of the enactment
of this Act.
(2) Pending cases not of £ etted. - -This section and the
amendments made by this section shall not affect any action
commenced before the effective date of this section and
pending in the United States District Court for the Eastern
District of Texas on such date.
(3) Juries not affected. - -This section and the amendments
made by tba.s section shall not -affect the composition, or
preclude the service, of any grand or petit jury summoned,
impaneled, or actually serving_ in the Eastern Judicial
District of Texas on the effective date of this section.
The SPEAKER pro teicpore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from California (Mr.
Berman) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Senserbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent. that ax-
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on S. 1720, the Senate
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bill currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Today when I was driving in, I followed a car that had a big bumper
sticker on it that said —Don't Mess with Texas, " and I came to the
House today with great fear and trepidation that by messing with Texas
and deciding where the Federal courts will sit, I would be caught in
the crossfire of a Texas cat fight, and I am happy to report that the
cats are purring and the Members can mess with Texas and not get in
trouble by passing this bill.
Senate 1720 implements the march, 1991, Judicial Conference proposal
to designate Plano, Texas, as a place for holding court in the Eastern
District of Texas, It also realigns the divisions of the U.S. District
Court for the Eastern District of Texas to reflect the closing of the
courthouse in Denton County. The Paris division is eliminated and its
counties redistributed among the other divisions of this court.
Plano is the largest city in the Eastern District of Texas. Of the 93
judicial districts in the United States, the Eastern District of Texas
is the only one in which its largest city cannot hold.Fedetal court.
This is a major impediment to the efficient operations of the Federal
court system in the Eastern District of Texas_ Senate 1720 will greatly
assist the affected citi2eas, litigants, lawyers, and judges and also
will promote the efficient administration of justice.
The bill is identical to language,in section 102 of H.R. 1302, the
Federal Courts improvement Act-6f 2063, which was introduced by the
chairman and ranking member of the Subcommittee on Courts, the
Internet, and Intellectual Property. In addition, this Congress has
passed this exact language on five previous occasions since 1991.
Following Senate passage of Senate 1720, the gentleman from Texas
(Mr. Hall) expressed concern that the legislation does not ensure that
the eastern district caseload will be distributed equally between Plano
and Sherman. While the judges of the eastern -district have unanimously_
agreed to split the docket between SheYznan' and 'Plano, this agreement,
iii. a "signed resolution, is nonbinding'.
I share the concerns of the gentleman from Texas (Mr. Hall).
Therefore, I support Senate 1720 premised on the understanding that the
judges of the eastern district will. do as they promised by implementing
a system to assign at least 50 percent of the cases filed in or
transferred to the Sherman district to a resident district judge
sitting in the city of Sherman. The remaining 50 percent of the cases
will be assigned to the Plano court.
Finally, in response to my request for a34ur4nce that the judges'
agreement will be implemented, the Administrative' Office of the U.B.
Courts has written a letter promising to do whatever is necessary to
iinpl�ment this plan. I will :insert this letter along with the
resolution signed by the judges of the Eastern District of Texas into
the Record. With these assurances, I am sure that we can mess with
Texas and not get caught in the crossfire.
I urge my colleagues to support this bill.
Judicial Conference
of the United States,
Washington, DC, November 19, 2003,
Hon—F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Rayburn House Office Building,
.Washington, DC.
Dear Mr. Chairman: I understand that S. 1720, a bill to
designate Plano, Texas, will be considered by the House later
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today. The bill would remedy a serious problem hindering
efficient judicial administration in the Eastern District of
Texas.
This bill has the strong support of the Judicial Conference
of the United States. As a provision of an omnibus court
improvement bill, it has been passed by the House in two
previous Congresses, only to remain unacted upon in the
Senate.
The judges of the Eastern District of Texas have formally
resolved that half of the Sherman Division caseload will be
docketed and tried in Sherman, Texas, and half will be
docketed and -tried in Plano, 'Texas. A copy of an order of the
court of June 13, 2003, stating this specifically and in some
detail is enclosed hereto.
The Judicial Conference and the court.in the Eastern
District of Texas are-.well aware of the conderns of those in
Sherman that the judicial business of the division would be' -'
lai:gely txansferred to Plano: This is not and will not be the
case. This issue was considered by the Judicial Conference
Committee on Court Administration -and Case Management w}ien
the proposal was first considered. The xeSolve of the. judges
to assure oqu ;ty to Sherman, Texas, and other factors
reZatii�g to the great need for a court presence in Plano
caused-that committee.to recommend that the Judicial
Conference approve this proposal, which it did.
I congratulate you and the members of the Judiciary
Committee for taking prompt action on this bill which will
allow the court to better service the citizens of this region
of Texas.
Sincerely,
Leonidas Ralph Mecham,
Secretary.
Enclosure.
GFNERAL ORDER NO. 03 -15
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
RESOLUTION REGARDING PLACES OF HOLDING COURT IN THE SHEMIAN DIVISION
Since 1991, both this court and the Judicial Conference of
the United States have supported legislation authorizing
Plano as a place of holding court in the Sherman Division.
Rapid-populatiou growth in the Sherman Division over the past
decade, particularly in Collin and Denton Counties,
underscoxes the need for an additional court facility.
Sherman Division civil and criminal weighted filings over the
past five years have grown by 100 %. Sherman now has the
second heaviest weighted caseload of the six divisions in the
Eastern District of Texas.
In the near future, two resident district judges, a
resident - magistrate judge and a visiting district judge will
be hearing all Sherman Division cases in only two courtrooms.
The court has already run out of room in Sherman and -reeds to
acquire additional court facilities in the Division. Having
court facilities in both Sherman and Plano will enable the
court to better manage the rapidly growing caseload and
provide better service to a large population base in southern
Collin County.
It is the court's intention, when a place of holding court
in Plano is authorized, to assign the case filings as
follows:
50% civil and criminal cases docketed and tried in Sherman
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(,judges Brown and Davis).
501 civil and criminal cases docketed and tried in Plano
(Judge Schell).
In light of the above, the judges of this couxt'hereby
REAFFIPM our prior resolution to establish Piano as a place
of holding court in the Sherman Division, and RESOLVE, if
pending legislation passes that authorizes Plano as a place
of holding court, to have half the Sherman Division caseload
docketed and tried in Sherman, and the other half of the
caseload docketed and tried in Plano. If Judge Brown ceases
holding court in Sherman, a new resident judge shall be
designated to hold court in Sherman as soon as possible, and
pe cti4,9 the new judge's residing in Sherman, 50 of civil and
cr mlpal cases shall toe docketed and tried in Sherman, and
tlie_ clerk's of-iice in Sherman shall remain staffed
-Siiff161ently to support a resident judge.
Signed this 13th day of June, 2003.
For the Court:
John Hannah, Jr., -
Chief Judge.
Mr. Speaker, I reserve the balance of my time.
{time) 1800
Mr. BERKAN . Mr. Speaker, I yield myself such time as I may consume.
[[Page H113BB3]
Mr. Speaker, I rise in support of S. 1720 and I ask my colleagues to
support the bill as well. It is a narrow bill, but a necessary one. It
is identical to the provisions of the Federal Courts improvement Act
currently before the Committee on the Judiciary, and to legislation
which has I think several tunes passed the Souse.
The purpose of the bill is to allow fox Federal court proceedings and
an additional courthouse in Plano, Texas. As a result, the bill will
remedy a critical problem hindering the efficient judicial
administration of the U.S.•District Court for the Eastern District of
Texas.
The existing courthouse is in Sherman, Texas and is overburdened by
its increasing caseload. Filings over the past 5 years have grown by
100 percent. This situation mandates a solution. S. 1720 designates
Plano as 'an additional place of holding court to help address this
expanded workload.
The one substantive Concern about the .bill, how cases will be
distributed between the two courthouses, has been resolved. As I
understand it, the chairman of the Committee on the Judiciary has
agreed to engage in a colloquy with the distinguished gentleman from
Texas in which it will become clear that S. 1720 is intended to relieve
the ov,exflow of filings in the Sherman courthouse, but not do away with
the Sherman courthouse. I think the chairman has already made that
clear, that that is his intention.
Furthermore, there is agreement from the Senate sponsor, the junior
Senator from Texas, that the civil and criminal case filings for the
Sherman division will be split 50--50 between the Plano and Sherman
courthouses. The A.S. District Court for the Eastern District of Texas
has adopted a resolution memorializing this agreement, and the Judicial
Conference of the United States has sent a letter to the same effect.
Finally, the Committee on the Judiciary Report on the Federal Courts
Improvement Act, which currently contains identical provisions, will
reflect this understanding. Through these measures, we can zest assured
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that the addition of this courthouse will have no negative -impact on
the Sherman courthouse.
I appreciate the efforts that my colleagues have made to address the
concerns of those in Sherman, and I am confident that there is general
agreement that the judicial business of the Sherman and Plano divisions
will be shared equally.
Mr. Speaker, I ask my colleagues to support S. 1720.
Mr. Speaker, I reserve the balance of my time.
Mr. SP,NSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman
from Texas (Mr. Sam Johnson).
(Air. SAM JOHNSON of Texas asked and was given permission to revise
and extend his remarks.)
Mr. SAM JOHNSON of Texas. Mr. Speaker, I appreciate the gentleman
yielding me this time. I just want to thank the gentleman from Texas
(Mr. Hall) and the gentleman from California (Mr. Berman) for working
with us.
This is A bipartisan agreement. I will let my colleagues know that
Collin County is expected to increase by 73 percent in population by
the year 2020, so this is a needed court and long overdue.
Mr. Speaker, you know, the role of the Federal Government is to serve
people. And one way the goverment serves the people is through the
judicial system.
Tkell, the people of Plano, nearly 250,000 strong and the laxgest city
in Collin County, do not have access to a nearby Federal court. Simply
put, today's bill is gogd legislation that ks long overdue. Anytime a
lawyer wants to file a court paper, they have to drive '48 miles to near
the Oklahoma border to Sherman, TX. Anytime a police officer needs to
sign a legal document, they have to drive nearly 100 miles round trip.
That is not time well spent.
If the role of the Federal Government is to serve the people, then
it's time to let Collin County hold court. You know, Plano consumes
more than three — fourths of the criminal cases in Sherman and nearly 4
out of 5 civil cases. Clearly there is a need in Plano for a Federal
bench. The people of Collin County and the Eastern District of Texas
are woefully underserved.
On the top of that, the population of Collin County is expected to
increase by 73 percent by the year 2020. If we don't take care of this
now, when will we?
With four judges but just two courtrooms, the Sherman division badly
needs another courtroom somewhere. That somewhere should be the city of
Plano. Important to the city of Sherman, the bill also protects the
Grayson County Courthouse Docket by expanding the Sherman Court
jurisdiction to four new counties; Fannin, Lamar, Delta, and Hopkins.
I also want to thank my friend Ralph tall for his work on this issue.
I hope he believes we addressed many of his initial concerns.
Before I close, I'd like to thank my colleagues in the Senate,
Senators Cornyn and Hutchison, who helped get this bill through the
other body.
. This measure has passed the House every Congress since 1991, only to
the in committee in the Senate. Their leadership paved the way to make
this possible for Collin County.
In the name of good government, the Federal Government started
serving the people of Collin County.
GENERAL ORDER NO. 03 -15
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
resolution regarding places of holding court in the sherman division
Since 1991, both this court and the Judicial Conference of
the Baited States have supported legislation authorizing
Plano as a place of holding court in the Sherman Division.
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Rapid population growth in the Sherman Division over the past
decade, particularly in Collin and Denton Counties,
underscores the need fox an additional court facility.
Sherman Division civil and criminal weighted filings over the
past five years have grown by 1001. Sherman now has the
second heaviest weighted caseload of the six divisions in the
Eastern District of Texas.
In the near future, two resident district judges, a
resident magistrate judge and a visiting district judge will
be hearing all Sherman Division cases in only two courtrooms.
The court has already run out of room in Sherman and needs to
acquire additional court facilities in the Division. Having
court facilities in both Sherman and Plano will enable the
court to better manage the rapidly growing caseload and
provide better service to a large population base in southern
Collin County.
It is the court's intention, when a place of holding court
in Plano is authorized, to assign the case filings as
follows:
50& civil and criminal cases docketed and tried in Sherman
(Judges Brown and Davis)
50% civil and criminal cases docketed and tried in Plano
(Judge Schell)
In light of the above, the judges of this court hereby
REAFFIRM our prior resolution to establish Plano as a place
of holding court in the Sherman Division, and RESOLVE, if
pending legislation passes that authorizes Plano as a place
of holding court, to have half the Sherman Division caseload
docketed and tried in Sherman, and the other half of the
caseload docketed and tried in Plano. The court intends to
maintain at least one resident judge in Sherman and one
resident judge in Plano. If Judge Brown ceases holding court
in Sherman, a new resident judge shall be designated to hold
court in Sherman as soon as possible, and pending the new
judge's residing in Sher —, 50% of civil and criminal cases
shall be docketed and tried in. Sherman, and the clerk'.-5
office in Sherman shall remain staffed sufficiently to
support a resident judge.
Signed this 13th day of June, 2003.
For the Court:
John Hannah, Jr.
Chief Judge.
Mr. BERMAN. Mr, Speaker, I yield such time as he may consume to the
gentle -an from Texas (Mr. Hall).
Mr. Hirt; Mr. Speaker, when I arrived at the Capitol today, I was
handed the floor schedule that indicated that Senate bill 1720 had been
placed on the Suspension Calendar. We have not had a lot of time to try
to work out the details, but I am grateful to a lot of people for their
assurance that we are going to keep the agreement that has been made
between the two courts.
First, I want to thank, of course, the gentleman from Wisconsin
(Chairman Sensenbrenner), Debby Lehman, Sam Gaxg, Blain Merritt, and
Phil Kiko for their good work and far their support. I thank the
ranking member, the gentleman from Michigan (Mr. Conyers), of the
Committee on the Judiciary and Perry Applebaum. I thank the gentleman
from California (Mr. Berman), my friend and ranking member on the
subcommittee, and Shanna Winters and Alec French. They have all worked
hard during the course of the day to work out assurance, and with the
gentleman from Texas's (Mr. Johnson) support of assurance that this
i4il.l be a 50 -50 division.
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I have never opposed Plano having a court. It is a huge city. It is a
great city. It is a growing city. And as we move along with this 50 -50
agreement and Plano grows, as it surely will, they will need more
judges and more courts there. I certainly hope to help them.
For several years, efforts have been made to hold court proceedings
in Plano, Texas where they have had no
[[Page H11589)]
court proceedings. I have no objection to such, and I only want to
continud holding- court-in Sherman, Texas. Agreements have been made to
hold 50-percent of the cases in Plano and 50 percent in Sherman, adding
some counties to the Sherman district. I only'want this agreement to be
part of the proceedings, and I will be asking for a colloquy an a
little bit with the gentleman from Wisconsin (Chairman Sensenbrenner).
I have conferred with TUdge'NoG.raw of- Grayson County. I have xeceived
petitions from Judge McGraw and many of the major cities in and around
Grayson County.. I represent them. If I do not represent them, they will
49t be represented in this inatter, and I want to be recorded here and
n6W that we want an agreement of a 50 -50 division of litigation to be
committed to writing, both here and in the -Senate.
2 have spoken with Senator John-Cornyn then of the Committee on the
Judiciary, and I have spoken with Senator Kay Bailey Hutchison,
subcommittee chairman, and they too want this documentation. There has
been a difference of opinion as to whether or not it would be codified
into the statute itself, and while this Will not have that
codification, there will be report language that will be with this
bill, and 1. think will be evidence to people within -the next 10, 15,
20, 30, 40 years that we still Want-a court in Sherman, Texas in
Grayson County.
Senator Kay Bailey Hutchison and John Cornya want Grayson County
protected on the 50 -50 agreement and, accordingly, they are placing
proper report language in the Senate Committee on the Judiciary report
to be placed with the passage of Senate bill 1720.
So Mr. Speaker, first, let me place in the Record the statement of
the gentleman from Michigan (Mr. Conyers), the ranking member on the
Committee on the Judiciary.
I also want to engage in a colloquy with my colleague, the gentleman
from Wisconsin (Chairman Senserbrenner). I again thank the chairman on
S. 1720, a bill to provide for the Federal court proceedings in Plano,
Texas.
It is my understanding that we have reached an agreement with Members
on both sides of the aisle and with Senators Carnyn and Hutchison that
the passage of this legislation shall be accompanied by the following
report language in the Commerce, Justice, State Appropriations bill
that would indicate a sense of Congress as follows: Both Sherman and
Plano shall have a resident United States District Judge. Fifty ,percent
of the cases filed in of transferred to the Sherman Aivision. of the
United States District Court for the Eastern District of Texas shall be
assigned for trial and tried in Sherman by either the -resident United
States District Judge sitting in Sherman or another United States
District Judge assigned to hold court in Sherman. The remaining 50
percent of the cases shall be assigned for trial and tried in Plano by
either the resident United States District Judge sitting in Plano or
another United States District Judge assigned to hold court in Plano.
If the resident judge In Sherman or d?lano retires or dies, 50 percent
of the panes shill contipue to be tried in Sherman and•50 percent tried
in Plano while a new resident judge is being assigned. This provision
shall not prevent the transfer of a case to another judge or division
of the United States District Court for the Eastern District of Texas
or another United States District Court for trial, if such transfer is
permitted by applicable law."
Mr. Speaker, I have long expressed my support and I have no objection
to a Plano district court. The people in Plano are entitled to a court
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Congressional Record, Volume 149 Issue 168 (Wednesday, November 19, 2003) Page 8 of 8
and, likewise, the people of Sherman are entitled to an assurance that
an addition of a Plano court will not diminish or otherwise imperil the
court in Sherman. The folks in Plano axe happy with the gentleman from
Texas (Mr. Sam Johnson), and they should be. I want the people in
Grayson County to be happy with this transaction also. I think this
report language gives cl.ari.ty to this amendment and would ensure the
viability of both Courts for the next 50 years.
Mr_ SENSE%- BFJMNER, Mr. Speaker, will the gentleman yield?
Mr. HALL. I yield to the gentleman from Wisconsin.
Mr- SENSELTBP2NNER. Mr. Speaker, the Committee on the Judiciary has ho
control over report language of bills that are under the jurisdiction
of the Committee on Appropriations, and since the thought has been to
have this statutory amendment placed in the Commerce, Justice, State
Appropriation bill, I can say that the Committee on the Judiciary would
have no objection to this, because this codifies the agreement that has
been made and the resolution that has been adopted by the judges of the
Eastern District of Texas, as well as confirmed by the Administrative
Office of the U.S. Courts repzesenting the Judicial Conference. of the
United States.
So I have no objection to this statutory amendment if it should fii}d
its way into an appropriation bill. But the gentleman from Texas and
everybody else knows full well that what happens in appropriation bills
at the end of a session of Congress is a very mysterious thing that
those of us who serve on authorizing committees will never understand
as Jong as we are here.
But rest assured that what the gentleman from Texas has said does
represent the understanding of members of the Committee on the
Judiciary, and if the appropriators will listen to us, for once, they
will be able to make a constructive addition to an appropriation bill,
whether it is the State, Justice, Commerce one or another one that
mysteriously arises from the bowels of the Capitol within the next few
days.
Mr. HAIL. Mr. Speaker, reclaiming my time, we have Senator Cornyn and
Senator Hutchison who will place this in the report language in•the
Senate judiciary bill.
Mr. CONYERS. Mr. Speaker, I rise in support of this legislation,
which would provide greater access to Federal courts for litigants in
various aounti.ea in Texas. One provision of the bill adds the city of
Plano as a place of holding court; current residents of Plano must
travel to the city of Sherman. It is my understanding that, with
respect to the courthouses in Plano and Sherman, the courts will ensure
that the civil and criminal dockets will be divided equally.
Mr. BERZMN. Mr. Speaker, I yield back the balance of my time.
Mr. S&NSENBRENNER. Mr. Speaker, I am happy to yield back the balance
of my time as yell,
The SPEAKER pro tempore (Mr. Sweeney) . The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the Senate bill, S. 1720.
The question was taken; and (two -- thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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Exhibit"C"
Letter Pursuant to Resolution of the
Grayson County Bar Association
Scptember 28, 2011
President Barack Obama
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500
Re: Judicial Appointment for the Eastern District of Texas, Sherman Division
Dear President Obama,
The Grayson County Bar Association, representing the lawyers of the Eastern District of
Texas, Sherman Division, respectfully urge you to make, as prompt as possible, a judicial
appointment to the United States District Court here in Sherman. The Federal bench here in
Sherman has been vacant since October, 2006. Our United States Senators, the Honorable Kay
Bailey Hutchison and the Honorable John Comyn, are keenly aware of the needs here in our
community and have interviewed candidates for this position. It is our understanding that you have
recommendations for our vacant Federal bench before you for your consideration. We respectfully
urge you to move expeditiously to fill this vacancy with someone committed to living in our
community and supporting the Federal Court's important historical presence here in Sherman.
The particulars of the current situation are as follows:
1. The Honorable Judge Paul Brown retired in October of 2006, leaving the duties of
the Sherman Division Court to be filled by a cadre of dedicated, but overworked
Federal Judges from as away as Beaumont, Texas (320 miles). For 6 years, they have
tirelessly covered the Sherman Court's docket, which has the largest criminal case
load and one of the heaviest civil intellectual property case loads in the Eastern
District.
2. We are informed that another division in the Eastern District will be getting a
Federal Judge this October or shortly thereafter, with that appointment occurring less
than one-year after that Court's vacancy. We do not begrudge the Marshall Court's
vacancy being filled, but merely the absence of a Federal Judge here in our
community for so long.
3. The District Judges of the Eastern District, by an internal decision, agreed several
years ago that after the Honorable Paul Brown retired, the next judge appointed
should be placed in the Sherman Division. These Judges agreed on the Sherman
Division because all other Divisions of the. Eastern District had at least one Federal
Judge. This has yet to happen.
The Sherman Division and the location of the Federal Court here in Sherman is
historically important. It was the long time resident Court in the District represented by House
Speaker Sam Rayburn. Through the years the sitting Federal Judges here have been local and
Federal leaders. In that same period, our local officials, from the Grayson County Judge to the
Grayson County Sheriff, have been supportive of this Court. These local officials have worked
and continue to work with the Sherman -based Federal officials in jail planning and other related
matters in support of the Federal prosecution and processing of Federal cases here in Sherman.
However, the hard work and effort put forth by these Grayson County officials will be vain if a
District Judge is not appointed.
The members of the Grayson County Bar Association do not speak in.favor of any
particular candidate currently before you, since all candidates are surely qualified. We
respectfully urge you, however, to give priority to this long languishing vacancy on the bench in
our community and appoint a candidate fully committed to living in Grayson County. and serving.
this Honorable Court and. community. We appreciate your timely consideration -of.this matter; .
Sin rely,
Ada Crone
Grayson County Bar President
Pursuant to Resolution Passed on May 11, 2011 and re -urged September 28, 2011
Cc: Honorable Senator Kay Bailey Hutchison
United States Senate
284 Russell Senate Office Building
Washington, D.C. 20510 -4304
Honorable Senator John Coruyn
United States Senate
517 Hart Senate Office Building
Washington, D.C. 20510 -4304
Honorable Congresswoman Eddie Bernice Johnson
United States House of Representatives
2468 Rayburn Office Building
Washington, D.C. 20515
Honorable Congressman Lloyd Doggett
United States House of Representatives
201 Cannon House Office Building
Washington, D.C. 20515
2
Exhibit "D"
Page 1 of 2
Judicial
Asof
�
..........____
...�- ....— .._..- ._..._.__.�... _..._...._ -__..
Emergencies
}
! Weighted
i Adjusted"
Circuit District
/
Vacancy Created
Reason
Vacancy
Days
Filings per
Filings
By
pate
Pending
Judgeship*
_ per
Facial*
01 - PR
pominguez,danie}
R.
Senior
07/31/2011
765
438
02 - NYS
Holweil,Rlchard J
Resigned
02/07/2012
S74
494
02 - NYW
Siragusa,Charles J.
Senior
12/1512012
262
648
04 - NCE
Howard,Nialcolm J.
Senior
12/31/2005
2803
680
05 - TXE
Folsom,David
Retired
03/17/2012
535
11--42,,,
05 - TXE
Ward,T, John
Retired
1D/01/2011
703
1137
05 - TXS
Jack,Janis Graham
Senior
06/01/2011
825
575
05 - TXW
Furgeson Jr,,W,
Royal
Senior
11/30/2008
1738
719
05 - CCA
Senavides,Fortunato
P, ,
Senior
02/0312012
578
894
05 - CCA
Garza,Emilio M.
Senior
08/01/2012
398
894
07 - WIW
Shabaz,John. C.
Senior
01/20/2009
1687
642
07 - CCA
Evans,Terence T.
Senior
01/0712010
1335
516
09 - AZ
Martone,Frederick J.
Senior
01/30/2013
216
677
09 - AZ
Bury,David C.
Senior
12/31/2012
246
677
09 - AZ
Zapata,Frank R.
Senior
08/03/2010
1127
677
09 - AZ
Murguia,Mary H.
Elevated
01/03/2011
974
677
09 -AZ
Teliborg,James A.
Senior
01/30/2013
216
677
09 - CAE
Ishi!,Anthony W.
Senior
10/31/2012
307
1044
09 - CAN
Ware,James
Retired
08/31/2012
368
662
09 - CAN
I,Susan
Yvvononnne
Senior
07/01/2013
64
662
09 -CAN
FJC Director
10/03/2011
701
662
09 - MT
Cebuli,Richard F.
Senior
03/18/2013
169
375
09 - MT
Haddon,Sam E.
Senior
12/31/2012
246
375
09 - NV
Pro,Philip M.
Senior
12/31/2011
612
545
09 - CCA
Fisher,Raymond C.
Senior
04/01/2013
155
840
09 - CCA
Trott,Stephen S.
Senior
12/31/2004
3168
840
10 - KS
Lungstrum,John W.
Senior'
11/0212010
1036
463
11 - ALN
Smith Jr.,C.
Lynwood
Senior
08/31/2013
3
602
11 - ALN
Johnson,Inge Prytz
Senior
10/24/2012
314
602
11 - FLM
Antoon II,John
Senior
06/03/2013
92
644
11 - FLM
Lazzara,Richard A.
Senior
12/17/2011
626
644
11 - FLS
Jordan,Adalberto
Elevated
02/15/2012
556
648
11 - FLS
Seltz,Patrlcia A.
Senior
11/16/2012
291
648
11 - GAN
Cooper,Clarence
Senior
02/09/2009
1667
545
11 - GAN
Martin,Beverly B.
Elevated
01/20 /2010
1322
545
11 - CCA
Birch Jr.,Stanley F.
Retired
08/29/2010
1101
1033
11 - CCA
Edmondson,]. L.
Senior
07/15/2012
415
1033
Total Emergencies 37
*Adjusted Filings
per Panel and Weighted
Filings per Judgeship are Calendar Year
Data
A judicial emergency Is defined as the following:
s.
Circuit Court
• any vacancy in
a court of appeals where adjusted filings per panel are in
excess
of 700; OR
• any vacancy in
existence more than 18
months where
adjusted flings are between 500 to 700 per
panel.
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Page 2 of 2
District Court
• any vacancy where weighted filings are in excess of 600 per judgeship; OR
• any vacancy In existence more than 18 months where weighted filings are between 430 to 600 per judgeship;
012
any court with more than one authorized judgeship and only one active judge.
(1), In determining judgeship needs in the U.S. district courts, the Judicial Conference uses weighted fllings
as a means of accounting for differences in the time required for judges to resolve various types of civil and
criminal actions. Rather than counting each case as a single case, weights are applied based on the nature of
cases, For example, cases Involving a defaulted student loan are counted as 0.031 for each case. and patent cases
are counted as 1.9 cases. The criminal weights are applied on a per - defendant basis, The total for
_.-._-__._____._.._._... ._........._....._...._.._. ._... ._..__._.....-- -._.�._....-__ --
"weighted rrlings perjudgeship" Is the sum of all weights assigned to civil cases and criminal defendants; i
divided by the number of authorized judgeships.
(2), In the courts of appeals, adjusted filings are used in a similar manner to weighted filings in the district
courts, Adjusted filings eliminate reinstated cases and weight pro se appeals as one -third of a case. All other
cases have a weight of one. The total for adjusted filings per panel" is adjusted filings divided by the number
of authorized three -'judge panels (authorized judgeships/3).
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