Wednesday, March 13, 2013

11th Circuit has oral argument only 11% of the time

That's second fewest in the country.  Seems way too low.  Only the Fourth Circuit is worse at 10.5%.  The Second Circuit, which has about the same number of cases, has oral argument 23% of the time. 

A few weeks back Rumpole asked whether his readers would rather be a state Supreme Court Justice or a federal district judge.  Well, a Montana Supreme Court Justice has just been nominated to the district court.  So, at least for him, the answer is the feds.

And finally, more sequestration fall out for the judiciary.  BLT covers it:

The AO identified a slew of other problems posed by sequestration: fewer probation officers to supervise ex-offenders; a 20 percent cut in funding for drug testing and mental health treatment; case processing backlogs because of fewer clerk's office staff; a 30 percent cut in funding for court security systems; delays in payments to court-appointed criminal defense lawyers; and "deep cuts" to information technology programs.
"Reductions of this magnitude strike at the heart of our entire system of justice and spread throughout the country," Gibbons said. "The longer the sequestration stays in place, the more severe will be its impact on the courts and those who use them."

9 comments:

Anonymous said...

Not to defend the 11th, but the Court needs more judges. Please tell the President to fill the vacancies! You should apply DOM.

Anonymous said...

From regularly viewing the unpublished opinions I really can't blame them. Ungodly numbers of frivolous pro se employment cases and a lot of easy calls in sentence challenges and post-conviction challenges that don't warrant OA.

Anonymous said...

Not a fan of oral argument to the 11th. The record and briefing says all there is to say. If you can't write well enough to get your point across, hire someone who can.

Fed over state bench every time. Lifetime tenure trumps all. Plus state court (at least in Florida) is a circus anyways.

Anonymous said...

I think there is only one vacancy on the circuit right now in Georgia. The problem is that lots of judges stay on well past senior status, leaving a possibly new position unfilled.

Anonymous said...

2 vacancies - 1 since summer of 2010 and once since last summer. Time for another recess appointment if you ask me. Would DOM move to Atlanta?

Anonymous said...

oral argument in the 11th circuit, especially for criminal cases, is hardly necessary. In fact, an oral argument is nothing more than the 11th circuit extending the courtesy of a reach-around before f---ing one of the parties.

Rumpole said...

Foolish move. Stick to state supreme court. Much easier gig.

Anonymous said...

Lack of oral is always troubling in any relationship.

Anonymous said...

The 11th Circuit has actively resisted adding more judges for years. Judge Tjoflat has fought hard against it for decades even when then-chief judge Hatchett was fighting to get more judges. In my view, if you are going to issue a published opinion that will become the law of the circuit and potentially affect thousands of litigants, the least you can do is have 30 minutes of argument. Imagine not getting to argue motions in limine or anything at sentencings. Ridiculous.

DOM would be an awesome 11th Cir judge. There are a number of circuit judges in Miami so no need to move to Hotlanta. But, is he willing to take the steep cut in pay?