Get Cracking on Judicial Appointments : Ideological bottleneck in Washington denies new judges to California

Recently released statistics show that federal judges in San Diego handle more criminal cases than in any other district court in the country.

Some of the reasons for the staggering caseload are obvious. San Diego has the world’s busiest international border crossing, producing thousands of drug smuggling and illegal immigration cases each year.

Other reasons for the overloaded dockets are less apparent: Increasingly tough federal penalties and mandatory sentencing guidelines add to the number of trials because there is less incentive to plea-bargain. The caseload may also be affected by San Diego’s aggressive policy of prosecuting crimes involving relatively small amounts of drugs, a possible remnant of so-called “zero tolerance.”

Reducing the caseload to a size more conducive to justice means either changing policies or increasing the number of judges. Certainly the Bush Administration needs to fill vacant judgeships. In San Diego, two of eight judgeships have been empty for almost a year. This means that the remaining six judges have been handling caseloads more than three times the national average. San Diego’s caseload is extreme. But the foot-dragging approach by the Bush Administration to filling federal judgeships is a problem affecting districts throughout the nation. Out of 649 district court judgeships nationwide, 108 are vacant. Eleven of California’s 55 slots are open.

And there has been little improvement in the last three months. In August there were 117 vacancies nationwide and 12 in California. The principal holdup appears to be in the Justice Department, which not only does background checks but also serves as the President’s gatekeeper for political correctness. The delays have been exacerbated by a turf battle between the Justice Department and the Senate over the appointment process, and by the departure of Atty. Gen. Dick Thornburgh.

The backlog needs prompt attention. Getting the judiciary up to full capacity and streamlining the process should be a high priority for the new attorney general. Ideology should take a back seat.

In the meantime, immediate action is needed on three recommendations that have been languishing in the Justice Department, despite assurances three months ago of a review. The names of Los Angeles Superior Court Judges William A. Masterson and Dzintra I. Janavs and San Diego trial lawyer James A. McIntyre should either be forwarded to the President or the candidates should be given credible reasons for their rejection.

Further delays are inexcusable.