Feinstein Statement on Ninth Circuit Nomination

Thursday, March 2, 2006

Page 3

Feinstein Statement on Ninth Circuit Nomination

(Excerpts from the statement entered into the record at yesterday’s Senate Judiciary Committee meeting by Sen. Dianne Feinstein. The senator has argued that the Ninth U.S. Circuit Court of Appeals seat to which N. Randy Smith, a state trial judge and former Idaho Republican chairman, has been nominated, which was held by Judge Stephen S. Trott, formerly of Los Angeles, before he took senior status, should go to a Californian.)

....I am compelled to oppose the President’s transfer of a judgeship from California to Idaho, as it ignores the judicial needs of the 9th Circuit Court of Appeals and its violates the Court’s precedents....

My concern is that Californians, who are already severely underrepresented on the 9th Circuit Court of Appeals, will lose yet another judge with this nomination.

There were nearly 10,000 federal appeals in California last year, which is 70% of the 9th Circuit’s total appeals. However, only 50% of the Circuit’s judgeships, 14 out of 28, are assigned to California.

If Judge Smith is confirmed, California would have only 13 of the 9th Circuit’s judgeships. Despite having more than two-thirds of the 9th Circuit’s cases, California would have less than half of its judges.

This allocation of judges is both inefficient and unfair. California needs more judges, not fewer....

Adding another judgeship in Idaho would give that state 7.2% of the Circuit’s judgeships, a percentage of judges six times greater than Idaho’s percentage of cases.

When a judgeship is moved from one state to another it should be to a state that needs more judges....

I am truly sorry that Judge Smith is caught in the middle of this, particularly when this situation could have and should have been avoided....

There is no debate that Judge Trott, whose retirement opened this seat on the 9th Circuit, was nominated to be a California judge or that his predecessor was a California judge. The Chief Judge of the 9th Circuit has stated that the “Trott seat was a California seat.” ....

While I respect Judge Trott’s decision to locate his chambers in Idaho, his personal choice does not transfer a California judgeship to Idaho, and has no bearing on the judicial needs of the 9th Circuit....