Posted on Mon, May. 19, 2003


Federal judgeship proposed for S.C.
Additional judge would help relieve caseload for other 10 district court judges

Washington Bureau

Washington South Carolina's federal judges say the state needs to deepen its judicial bench, and the Senate Judiciary Committee agrees.

Last week, the committee approved a bill that would add 14 federal district court judgeships nationwide -- including one in South Carolina.

The Senate and House would have to approve the bill for South Carolina to secure an 11th district court judge.

"We certainly can use another one," said Joe Anderson, chief U.S. district judge in South Carolina. "It's not just a political plum (U.S. Sen. Lindsey Graham) wants to create. We qualify for another one based on our judges' caseload."

Of the 94 federal district courts in the nation, South Carolina ranked 18th highest in terms of its caseload. The court's caseload also was the highest in the 4th Circuit, which includes the district courts of North Carolina, South Carolina, Virginia, Maryland and West Virginia.

During the 12 months that ended Sept. 30, 2002, each S.C. district judge had on average 499 cases pending. Nationally, on average, district judges had 471 cases.

U.S. district court judges are nominated by the president; they handle criminal and civil federal cases. They sit one rung below federal appeals court judges, two rungs below the U.S. Supreme Court and are appointed for life.

"We desperately need another judge," said Graham, R-S.C., who amended the original bill to include South Carolina. "It's the caseload. And we've got judges about to retire."

Of South Carolina's 10 district court judges, two are on "senior status" -- they are closer to retirement and hear a reduced caseload.

Judge Matthew Perry of Columbia handles 50 percent of the typical caseload. Judge Sol Blatt Jr. of Charleston handles 30 percent

U.S. District Court Judge Cameron Currie of Columbia, who carries a full caseload, says she has heard cases every weekday without a break since Feb. 27. She takes no breaks for lunch.

"We could certainly use the help," she said.

Anderson hopes that, because the same political party controls the White House and Congress, it will be easier this year to add judges. When there's a split, he said, Congress can be reluctant to add judgeships that will be filled by the president's nominees.

Graham, of Seneca, who won his Senate seat last year, failed as a congressman to add S.C. seats to the U.S. district court.

Another amendment attached to the bill would add 36 bankruptcy judges across the nation -- including one in South Carolina, which now has two.

Bankruptcies have risen to all-time highs.

They increased 7.1 percent nationally for the year ending March 31, and 5.4 percent in South Carolina.

"The need for an additional district court judge and bankruptcy court judge is a result of South Carolina's growth," Graham said, citing the backlog of cases in both courts. "In too many cases, justice delayed is justice denied."


Reach Markoe at (202) 383-6023 or lmarkoe@krwashington.com




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