CRS Issue Statement on Oversight and Powers: Congress and the Judicial Branch

Lorraine H. Tong, Coordinator
Analyst in American National Government

n addition to its constitutional advice and consent role in the selection of federal judges, Congress has had a strong legislative interest in federal judiciary issues. Among these issues are the administration and operations of the federal court system, including the judiciary's budget and expenditures, court organization, judicial discipline, judicial compensation and retirements, the security of the courts, the safety of judges and court personnel, public access to the courts, and the rules governing the operations of the judicial branch. Ongoing budgetary constraints, exacerbated by the economic downturn, will likely continue to challenge the effective and efficient operations of the judiciary and may affect staffing levels, rental costs of court facilities, the creation of new judgeships, and resources necessary to cope with the workload of the courts. 

Since an omnibus judgeships bill was enacted in 1990, the number of appellate judges has changed very little although federal court case filings have increased significantly in the past 20 years. Early in the 111th Congress, the Judicial Conference of the United States recommended to Congress the creation of 63 new federal judgeships—12 in the courts of appeals, (nine permanent and three temporary) and 51 in the district courts (38 permanent and 13 temporary). On September 8, 2009, S. 1653 was introduced in the Senate to authorize the establishment of additional federal circuit and district judges to help reduce backlogs in the nation's caseload. The bill would authorize the appointment of a total of 63 permanent and temporary federal judgeships. A companion bill, H.R. 3662, was introduced in the House on September 29, 2009. Several other bills (with more limited scope) have been introduced to create or extend temporary judgeships. Among them were S. 193, S. 1727, H.R. 191, H.R. 314, H.R. 349, H.R. 1272, H.R. 2961, H.R. 3161, H.R. 4089, and H.R. 4506. 

The safe conduct of court proceedings and security of judges, court personnel, and visitors in courthouses, as well as judges' safety off-site, continue to be of concern. The 2005 Chicago murders of family members of a federal judge; the Atlanta killings of a state judge, a court reporter, and a sheriff's deputy at a courthouse; and the 2006 sniper shooting of a state judge in his Reno office all spurred efforts to improve judicial security. Threats against judges and court facilities have not abated. For example, in September 2009, a plan to bomb the Paul Findley Federal Building and Courthouse in Springfield, Illinois was uncovered and an arrest was made. On January 4, 2010, a gunman wounded a deputy U.S. marshal and killed a court security officer at the Lloyd George U.S. Courthouse and Federal Building in Las Vegas. Threats have also included suspicious substances in letters sent to courthouses in different parts of the country. These recent incidents have resulted in review and increased oversight of security at court facilities to ensure that adequate protective policies, procedures, and practices are in place. Congress has also been concerned about federal building security in general and some court facilities are located in multi-tenant federal buildings. Additionally, possible increased security enhancements may be necessary for federal courthouses where trials of individuals charged with acts of terrorism are held. 

Legislation to require or allow electronic media coverage of the Supreme Court and other federal court proceedings , not acted upon in previous Congresses, was reintroduced and is now pending in the House and Senate. Two bills (S. 446 and H.R. 429) would require televising all open sessions of the Supreme Court. In addition, two other bills (S. 657 and H.R. 3054) would provide for electronic media coverage of federal court proceedings, including the Supreme Court. Also pending is a Senate resolution (S.Res. 339) that expresses support for live television coverage of all Supreme Court open sessions. The Senate Judiciary Committee reported all three Senate measures favorably and they have been placed on the Senate calendar.


Date of Report: July 1, 2010
Number of Pages: 5
Order Number: IS40359
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